There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-3-32 — Service not required where interest limited.
55-3-32. Service not required where interest limited. If an interest in the estate or trust has been limited as follows, it is not necessary to serve any other person than as provided by this section:
(1) In any contingency to the persons who
shall compose a certain class upon the happening of a future event,
then on the persons in being who would constitute the class if such
event had happened immediately before the commencement of the
proceeding;
(2) To a person who is a party to the
proceeding and the same interest has been further limited upon the
happening of a future event to a class of persons described in
terms of their relationship to such party, then on the party to the
proceeding;
(3) To unborn or unascertained persons,
none of such persons, but if it appears that there is no person in
being or ascertained, having the same interest, the court shall
appoint a guardian ad litem to represent or protect the persons who
eventually may become entitled to the interest.
If a party
to the proceeding has a power of appointment, it is not necessary
to serve the potential appointees and, if it is a general power of
appointment, it is not necessary to serve the takers in default of
the exercise thereof.
Source: SL 1998, ch 282, § 13; SL 2002, ch 100, § 5.
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