Conditions existing at the time of the creation of a power determine legality

No estate or interest can be given or limited to any person by an instrument in execution of a power which could not have been given or limited at the time of the creation of the power. Source: CivC 1877, § 331; CL 1887, § 2847; RCivC 1903, § 354; RC 1919, § 422; SDC 1939, § 59.0435.