South Dakota Codified Laws 43-7-4. Abolishment of estates tail–Fee tail is now a fee simple
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Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute.
Terms Used In South Dakota Codified Laws 43-7-4
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Source: CivC 1877, § 220; CL 1887, § 2736; RCivC 1903, § 243; RC 1919, § 313; SDC 1939, § 51.0405.