South Dakota Statutes

§ 43-3-16 — Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.

South Dakota § 43-3-16
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-3PRESENT AND FUTURE INTERESTS IN PROPERTY

This text of South Dakota § 43-3-16 (Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 43-3-16 (2026).

Text

A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession, if the posthumous child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hours or more after birth.

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Legislative History

CivC 1877, § 211; CL 1887, § 2727; RCivC 1903, § 234; RC 1919, § 304; SDC 1939, § 51.0229; SL 2007, ch 247, § 2.

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Bluebook (online)
South Dakota § 43-3-16, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-3-16.