Section 43-7-5 - Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee

43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death. Source: CivC 1877, §221; CL 1887, §2737; RCivC 1903, §244; RC 1919, §314; SDC 1939, §51.0406.