Successive estates for life cannot be limited except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.

contract signature

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws 43-9-6

  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • 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, § 231; CL 1887, § 2747; RCivC 1903, § 254; RC 1919, § 324; SDC 1939, § 51.0415.

  Previous section
Next section  
 Chapter 9 Contents