43-3-4. Validity of conditions imposing restraints upon marriage.
Conditions imposing restraints upon marriage, except upon the marriage of a minor, or of the spouse of the person by whom the condition is imposed, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.
Source: CivC 1877, §199; CL 1887, §2715; RCivC 1903, §222; RC 1919, §292; SDC 1939, §51.0226.