South Dakota Codified Laws 43-9-11. Rights of heirs of life tenant when made remaindermen
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When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life.
Terms Used In South Dakota Codified Laws 43-9-11
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- 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, § 236; CL 1887, § 2752; RCivC 1903, § 259; RC 1919, § 329; SDC 1939, § 51.0420.