South Dakota Statutes

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

South Dakota·Title 43 PROPERTY·Ch. 43-3 PRESENT AND FUTURE INTERESTS IN PROPERTY
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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South Dakota § 43-3-16 (Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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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