Section 43-7-5 - Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee. - South-dakota Statutes

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43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee. Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death.

Source: CivC 1877, § 221; CL 1887, § 2737; RCivC 1903, § 244; RC 1919, § 314; SDC 1939, § 51.0406.

State Codes and Statutes

Statutes > South-dakota > Title-43 > Chapter-07 > Statute-43-7-5

43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee. Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death.

Source: CivC 1877, § 221; CL 1887, § 2737; RCivC 1903, § 244; RC 1919, § 314; SDC 1939, § 51.0406.

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State Codes and Statutes

Statutes > South-dakota > Title-43 > Chapter-07 > Statute-43-7-5

43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee. Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death.

Source: CivC 1877, § 221; CL 1887, § 2737; RCivC 1903, § 244; RC 1919, § 314; SDC 1939, § 51.0406.