Section 55-3-32 - Service not required where interest limited. - South-dakota Statutes

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Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-32

55-3-32. Service not required where interest limited. If an interest in the estate or trust has been limited as follows, it is not necessary to serve any other person than as provided by this section:
(1) In any contingency to the persons who shall compose a certain class upon the happening of a future event, then on the persons in being who would constitute the class if such event had happened immediately before the commencement of the proceeding;
(2) To a person who is a party to the proceeding and the same interest has been further limited upon the happening of a future event to a class of persons described in terms of their relationship to such party, then on the party to the proceeding;
(3) To unborn or unascertained persons, none of such persons, but if it appears that there is no person in being or ascertained, having the same interest, the court shall appoint a guardian ad litem to represent or protect the persons who eventually may become entitled to the interest.
If a party to the proceeding has a power of appointment, it is not necessary to serve the potential appointees and, if it is a general power of appointment, it is not necessary to serve the takers in default of the exercise thereof.

Source: SL 1998, ch 282, § 13; SL 2002, ch 100, § 5.

State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-32

55-3-32. Service not required where interest limited. If an interest in the estate or trust has been limited as follows, it is not necessary to serve any other person than as provided by this section:
(1) In any contingency to the persons who shall compose a certain class upon the happening of a future event, then on the persons in being who would constitute the class if such event had happened immediately before the commencement of the proceeding;
(2) To a person who is a party to the proceeding and the same interest has been further limited upon the happening of a future event to a class of persons described in terms of their relationship to such party, then on the party to the proceeding;
(3) To unborn or unascertained persons, none of such persons, but if it appears that there is no person in being or ascertained, having the same interest, the court shall appoint a guardian ad litem to represent or protect the persons who eventually may become entitled to the interest.
If a party to the proceeding has a power of appointment, it is not necessary to serve the potential appointees and, if it is a general power of appointment, it is not necessary to serve the takers in default of the exercise thereof.

Source: SL 1998, ch 282, § 13; SL 2002, ch 100, § 5.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-32

55-3-32. Service not required where interest limited. If an interest in the estate or trust has been limited as follows, it is not necessary to serve any other person than as provided by this section:
(1) In any contingency to the persons who shall compose a certain class upon the happening of a future event, then on the persons in being who would constitute the class if such event had happened immediately before the commencement of the proceeding;
(2) To a person who is a party to the proceeding and the same interest has been further limited upon the happening of a future event to a class of persons described in terms of their relationship to such party, then on the party to the proceeding;
(3) To unborn or unascertained persons, none of such persons, but if it appears that there is no person in being or ascertained, having the same interest, the court shall appoint a guardian ad litem to represent or protect the persons who eventually may become entitled to the interest.
If a party to the proceeding has a power of appointment, it is not necessary to serve the potential appointees and, if it is a general power of appointment, it is not necessary to serve the takers in default of the exercise thereof.

Source: SL 1998, ch 282, § 13; SL 2002, ch 100, § 5.