Validity of conditions imposing restraints upon marriage

SDCL § 43-3-4 — under PRESENT AND FUTURE INTERESTS IN PROPERTY.

SDCL § 43-3-4

Conditions imposing restraints upon marriage, except upon the marriage of a minor, or of the spouse of the person by whom the condition is imposed, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage. Source: CivC 1877, § 199; CL 1887, § 2715; RCivC 1903, § 222; RC 1919, § 292; SDC 1939, § 51.0226.