Title 43, PROPERTY

Two or more future interests may be created to take effect in the alternative, so that, if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly. Source: CivC 1877, § 188; CL 1887, § 2704; RCivC 1903, § 211; RC 1919, § 2…

If a future interest is limited to successors, heirs, issue, or children, any posthumous child is entitled to take in the same manner, if the child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hou…

Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors or issue living at the death of the person named as ancestor. Source:…

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 …

A future interest may be defeated in any manner, or by any act or means, which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation. Source: Ci…

No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by § 43-3-19 , or where a forfe…

No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in…

Conditions are precedent or subsequent. The former fix the beginning, the latter the ending of the right. Source: CivC 1877, § 197; CL 1887, § 2713; RCivC 1903, § 220; RC 1919, § 290; SDC 1939, § 51.0224.

Future interests pass by succession, will, and transfer, in the same manner as present interests. Source: CivC 1877, § 191; CL 1887, § 2707; RCivC 1903, § 214; RC 1919, § 284; SDC 1939, § 51.0220.

In respect to the time of enjoyment, an interest in property is either perpetual or limited. A perpetual interest has a duration equal to that of the property. A limited interest has a duration less than that of the property. Source: CivC 1877, §§ 180, 183, 184; CL 1887, §§ 2696,…

If a condition precedent requires the performance of an act wrong in itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the conditio…

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.…

Conditions restraining alienation, when repugnant to the interest created, are void. Source: CivC 1877, § 200; CL 1887, § 2716; RCivC 1903, § 223; RC 1919, § 293; SDC 1939, § 51.0227.

A mere possibility, such as the expectancy of an heir apparent, is not deemed an interest of any kind. Source: CivC 1877, § 192; CL 1887, § 2708; RCivC 1903, § 215; RC 1919, § 285; SDC 1939, § 51.0222.

In respect to the time of enjoyment, an interest in property is either present or future. A present interest entitles the owner to the immediate possession of the property. A future interest entitles the owner to the possession of the property only at a future period. Source: Civ…

The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest within the meaning of this code. Source…

A future interest is either: (1) Vested; or (2) Contingent. Source: CivC 1877, § 185; CL 1887, § 2701; RCivC 1903, § 208; RC 1919, § 278; SDC 1939, § 51.0217.