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S.D. Codified Laws § 21-44-19

Judgment finding life tenant deceased and terminating life estate--Effect of judgment

Applied in 1 court decision — leading case Estate of Petrik (2021)

Most recently applied in Estate of Petrik (August 2021)

Source: SDC 1939 & Supp 1960, § 37.1207.

Upon the completion of the hearing and compliance with the procedure and proof required by this chapter, the court may make an order or judgment, finding as a fact upon the question of the death of the life tenant and adjudicating upon the termination of the life tenant's right, title, interest, lien, or claim upon the property involved. The order or judgment of the court shall be of the same force and effect and finality of other judgments of the circuit court. If the court shall find or adjudge as a fact that the life tenant is deceased, such adjudication terminates all right, title, interest, lien, or claim of such life tenant and those claiming under him adversely to the remainderman or his successor in interest, unless the same is asserted as provided in § 21-44-24.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.