§ 21-44-1 — Definition of terms.

South Dakota § 21-44-1

• Jurisdiction: South Dakota
• Title 21: JUDICIAL REMEDIES
• Ch. 21-43: TERMINATION OF LIFE ESTATES

Text

Terms used in this chapter, unless the context otherwise plainly requires, shall mean: (1) "Life tenant," any person who under the terms of any will, deed, grant, mortgage, assignment, or other instrument holds during his lifetime any right, title, or interest in, or lien or encumbrance upon, real estate or personal property within this state, which right, title, or interest or lien or encumbrance, by the terms of such will, deed, grant, mortgage, assignment, or other instrument, terminates upon and by reason of his death, and by such terms thereupon passes to some other designated person or persons; and including an interest as a joint tenant or joint owner as distinguished from a tenant in common or owner in common of such real estate, or such lien or encumbrance; (2) "Remainderman," any person or persons to whom by such terms of such will, deed, grant, mortgage, assignment, or other instrument, such right, title, or interest or lien or encumbrance, or any part or portion thereof, passes upon the death of the life tenant, and including a surviving joint tenant or surviving joint owner, and the successor in interest of any of them.

Legislative History

Supreme Court Rule 572, 1939; SDC 1939 & Supp 1960, § 37.1201.