Written instrument required for execution of power

A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power, if the person executing the power was the actual owner. Source: CivC 1877, § 317; CL 1887, § 2833; RCivC 1903, § 340; RC 1919, § 408; SDC 1939, § 59.0421.