Title 43, PROPERTY

A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. Source: CivC 1877, § 238; CL 1887, § 2754; RCivC 1903, § 261; RC 1919, § 331; SDC 1939, § 51.0422.

A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the proper…

A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. Source: CivC 1877, § 224;…

A reversion is the residue of an estate left by operation of law in the grantor or his successors or in the successors of a testator commencing in possession on the determination of a particular estate granted or devised. Source: CivC 1877, § 225; CL 1887, § 2741; RCivC 1903, § 2…

When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. Source: CivC 1877, § 226; CL 1887, § 2742; RCivC 1903, § 249; RC 1919, § 319; SDC 1939, § 51.0410.

A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty - one years, or upon any other contingency by which the estate of such persons may be determin…

Successive estates for life cannot be limited except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner a…

No remainder can be created upon successive estates for life, provided for in § 43-9-6 , unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term. Source: CivC 1877, § 232; CL 1887, § 2748…

No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. Source: CivC 1877, § 234; CL 1887, § 2750; RCivC 1903, § 257; RC 1919, § 327; SDC 1939, § 51.0418.