Special power defined

A power is special: (1) When a person or class of persons is designated, to whom the disposition of property under the power is to be made; or (2) When it authorizes the alienation or encumbrance, by means of a grant, will, or charge, of only an estate less than a fee. Source: CivC 1877, § 302; CL 1887, § 2818; RCivC 1903, § 325; RC 1919, § 394; SDC 1939, § 59.0407.