43-3-1. Duration of enjoyment of property–Conditional enjoyment. The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case the enjoyment is said to be upon condition. Source: CivC 1877, §196; CL 1887, §2712; RCivC 1903, §219; RC 1919, […]
43-3-10. Vested future interest defined. A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the intermediate or precedent interest. Source: CivC 1877, §186; CL 1887, §2702; RCivC 1903, §209; RC 1919, §279; SDC […]
43-3-11. Contingent future interest defined. A future interest is contingent while the person in whom, or the event upon which, it is limited to take effect remains uncertain. Source: CivC 1877, §187; CL 1887, §2703; RCivC 1903, §210; RC 1919, §280; SDC 1939, §51.0217.
43-3-12. Improbability of contingency does not invalidate future interest. A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect. Source: CivC 1877, §189; CL 1887, §2705; RCivC 1903, §212; RC 1919, §282; SDC 1939, §51.0219.
43-3-13. Creation of future interests to take effect in the alternative. Two or more future interests may be created to take effect in the alternative, so that, if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly. Source: CivC 1877, §188; CL 1887, §2704; […]
43-3-14. Limitation of future interest to successors, heirs, issue, or children–Rights of posthumous children. If a future interest is limited to successors, heirs, issue, or children, any posthumous child is entitled to take in the same manner, if the child was conceived prior to the decedent’s death, was born within ten months of the decedent’s […]
43-3-15. Effect of limitation of future interest by grant to take effect on death without issue. Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean […]
43-3-16. Birth of posthumous child terminates future interest depending on death without successors under certain circumstances. A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession, if the posthumous […]
43-3-17. Creator of future interest may provide for its termination. A future interest may be defeated in any manner, or by any act or means, which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged […]
43-3-18. Future interest unaffected by act of owner of intermediate or precedent interest. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by §43-3-19, […]
43-3-19. Future interest not defeated by determination of precedent interest. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the […]
43-3-2. Effect of conditions precedent or subsequent. Conditions are precedent or subsequent. The former fix the beginning, the latter the ending of the right. Source: CivC 1877, §197; CL 1887, §2713; RCivC 1903, §220; RC 1919, §290; SDC 1939, §51.0224.
43-3-20. Conveyance of future interest. Future interests pass by succession, will, and transfer, in the same manner as present interests. Source: CivC 1877, §191; CL 1887, §2707; RCivC 1903, §214; RC 1919, §284; SDC 1939, §51.0220.
43-3-21. Perpetual or limited interest in property–Duration of enjoyment. In respect to the time of enjoyment, an interest in property is either perpetual or limited. A perpetual interest has a duration equal to that of the property. A limited interest has a duration less than that of the property. Source: CivC 1877, §§180, 183, 184; […]
43-3-3. Validity of condition precedent requiring performance of wrongful or unlawful act. If a condition precedent requires the performance of an act wrong in itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument […]
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 […]
43-3-5. Conditions restraining alienation–Effect of repugnancy. Conditions restraining alienation, when repugnant to the interest created, are void. Source: CivC 1877, §200; CL 1887, §2716; RCivC 1903, §223; RC 1919, §293; SDC 1939, §51.0227.
43-3-6. Mere possibility does not constitute an interest in property. A mere possibility, such as the expectancy of an heir apparent, is not deemed an interest of any kind. Source: CivC 1877, §192; CL 1887, §2708; RCivC 1903, §215; RC 1919, §285; SDC 1939, §51.0222.
43-3-7. Present or future interest–Time of enjoyment–Right to possession of property. In respect to the time of enjoyment, an interest in property is either present or future. A present interest entitles the owner to the immediate possession of the property. A future interest entitles the owner to the possession of the property only at a […]
43-3-8. Limitation, condition, or interest–Time of creation. The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest within the meaning of this […]