SDCL § 43-3-16: Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.
Where this section sits in the code
- TITLE 43. PROPERTY
- CHAPTER 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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