Devise or bequest of homestead subject to rights of surviving spouse

Subject to the rights of the surviving husband or wife as declared by law, the homestead, if consisting of real property, may be devised like other real property of the testator, or if a mobile home may be bequeathed like other personal property of the testator. Source: SL 1874-5, ch 37 , § 18; PolC 1877, ch 38, § 18; CL 1887, § 2466; RPolC 1903, § 3234; RC 1919, § 469; SDC 1939, § 51.1718; SL 1972, ch 233 , § 10. 43-31-28. Repealed by SL 1986, ch 27 , § 46