43-9-1
Freehold estate--Commencement at a future date.
43-9-2
Limitation of future estate.
43-9-3
Reversion, definition.
43-9-4
Remainder, definition.
43-9-5
Contingent remainder in fee created on prior remainder in fee.
43-9-6
Successive estates for life--Limitation.
43-9-7
Remainder upon successive estates for life.
43-9-8
Repealed.
43-9-9
Estate for life cannot be limited as a remainder on a term of years--Exception.
43-9-10
Conditional limitation--Remainder limited on contingency.
43-9-11
Rights of heirs of life tenant when made remaindermen.
43-9-12
Effect of remainder limited on estate for life or for years.
43-9-13
Vesting of future estate unaffected by unexecuted power of appointment.
43-9-14
Action for injury to inheritance--Right to maintain.
43-9-1. Freehold estate--Commencement at a future date.
Subject to the provisions of this chapter and of chapters 43-1 to 43-7, inclusive, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed in this chapter.
Source: CivC 1877, § 230; CL 1887, § 2746; RCivC 1903, § 253; RC 1919, § 323; SDC 1939, § 51.0414.
43-9-2. Limitation of future estate.
A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time.
Source: CivC 1877, § 224; CL 1887, § 2740; RCivC 1903, § 247; RC 1919, § 317; SDC 1939, § 51.0408.
43-9-3. Reversion, definition.
A reversion is the residue of an estate left by operation of law in the grantor or his successors or in the successors of a testator commencing in possession on the determination of a particular estate granted or devised.
Source: CivC 1877, § 225; CL 1887, § 2741; RCivC 1903, § 248; RC 1919, § 318; SDC 1939, § 51.0409.
43-9-4. Remainder, definition.
When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name.
Source: CivC 1877, § 226; CL 1887, § 2742; RCivC 1903, § 249; RC 1919, § 319; SDC 1939, § 51.0410.
43-9-5. Contingent remainder in fee created on prior remainder in fee.
A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain majority.
Source: CivC 1877, § 229; CL 1887, § 2745; RCivC 1903, § 252; RC 1919, § 322; SDC 1939, § 51.0413.
43-9-6. Successive estates for life--Limitation.
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.
Source: CivC 1877, § 231; CL 1887, § 2747; RCivC 1903, § 254; RC 1919, § 324; SDC 1939, § 51.0415.
43-9-7. Remainder upon successive estates for life.
No remainder can be created upon successive estates for life, provided for in § 43-9-6, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term.
Source: CivC 1877, § 232; CL 1887, § 2748; RCivC 1903, § 255; RC 1919, § 325; SDC 1939, § 51.0416.
43-9-9. Estate for life cannot be limited as a remainder on a term of years--Exception.
No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate.
Source: CivC 1877, § 234; CL 1887, § 2750; RCivC 1903, § 257; RC 1919, § 327; SDC 1939, § 51.0418.
43-9-10. Conditional limitation--Remainder limited on contingency.
A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.
Source: CivC 1877, § 235; CL 1887, § 2751; RCivC 1903, § 258; RC 1919, § 328; SDC 1939, § 51.0419.
43-9-11. Rights of heirs of life tenant when made remaindermen.
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.
Source: CivC 1877, § 236; CL 1887, § 2752; RCivC 1903, § 259; RC 1919, § 329; SDC 1939, § 51.0420.
43-9-12. Effect of remainder limited on estate for life or for years.
When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration by lapse of time of such term of years.
Source: CivC 1877, § 237; CL 1887, § 2753; RCivC 1903, § 260; RC 1919, § 330; SDC 1939, § 51.0421.
43-9-13. Vesting of future estate unaffected by unexecuted power of appointment.
A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.
Source: CivC 1877, § 238; CL 1887, § 2754; RCivC 1903, § 261; RC 1919, § 331; SDC 1939, § 51.0422.
43-9-14. Action for injury to inheritance--Right to maintain.
A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.
Source: CivC 1877, § 264; CL 1887, § 2780; RCivC 1903, § 287; RC 1919, § 357; SDC 1939, § 51.0709.
