A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. Source: CivC 1877, § 238; CL 1887, § 2754; RCivC 1903, § 261; RC 1919, § 331; SDC 1939, § 51.0422.
Vesting of future estate unaffected by unexecuted power of appointment
SDCL § 43-9-13 — under FUTURE ESTATES IN REAL PROPERTY.
SDCL § 43-9-13