There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-2-609 — Ademption by satisfaction.PART 7. RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNINGINSTRUMENTS.
29A-2-609. Ademption by satisfaction. (a) Property a testator gave during lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise, or (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise. (b) For
purposes of partial satisfaction, property given during lifetime is
valued as of the time the devisee came into possession or enjoyment
of the property or at the testator's death, whichever occurs
first.
(c) If the
devisee fails to survive the testator, the gift is treated as a
full or partial satisfaction of the devise, as appropriate, in
applying §§ 29A-2-603 and 29A-2-604, unless the
testator's writing provides otherwise.
Source: SL 1995, ch 167, § 2-609.
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