Manner of creating power

A power may be created only: (1) By a suitable clause contained in a grant of some estate in the real property to which the power relates or in an agreement to execute such a grant; or (2) By a devise contained in a will. Source: CivC 1877, § 309; CL 1887, § 2825; RCivC 1903, § 332; RC 1919, § 401; SDC 1939, § 59.0414.