Subject to the rights of the surviving husband or wife as declared by law, the homestead, if consisting of real property, may be devised like other real property of the testator, or if a mobile home may be bequeathed like other personal property of the testator.

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Terms Used In South Dakota Codified Laws 43-31-27

  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Testator: A male person who leaves a will at death.

Source: SL 1874-5, ch 37, § 18; PolC 1877, ch 38, § 18; CL 1887, § 2466; RPolC 1903, § 3234; RC 1919, § 469; SDC 1939, § 51.1718; SL 1972, ch 233, § 10.