Title 43, PROPERTY

Instruments in execution of a power are affected by fraud in the same manner as like instruments executed by owners or trustees. Source: CivC 1877, § 334; CL 1887, § 2850; RCivC 1903, § 357; RC 1919, § 425; SDC 1939, § 59.0438.

Powers are general or special and beneficial or in trust. Source: CivC 1877, § 300; CL 1887, § 2816; RCivC 1903, § 323; RC 1919, § 392; SDC 1939, § 59.0405.

Every instrument executed by the holder of a power conveying an estate or creating a charge which such holder would have no right to convey or create except by virtue of his power, is to be deemed a valid execution of the power, even though not recited or referred to therein. Sou…

Where the execution of a power in trust is defective in whole or in part under the provisions of this chapter, its proper execution may be adjudged in favor of the persons designated as the objects of the trust. Source: CivC 1877, § 357; CL 1887, § 2873; RCivC 1903, § 380; RC 191…

Purchasers for a valuable consideration, claiming under a defective execution of a power, are entitled to the same relief as similar purchasers claiming under a defective conveyance from an actual owner. Source: CivC 1877, § 333; CL 1887, § 2849; RCivC 1903, § 356; RC 1919, § 424…

Where a power in trust is created by will and the testator has omitted to designate, expressly or by necessary implication, by whom the power is to be executed, its execution devolves on the circuit court. Source: CivC 1877, § 355; CL 1887, § 2871; RCivC 1903, § 378; RC 1919, § 4…

The provisions of title 55, saving the rights of other persons from prejudice by the misconduct of trustees and authorizing the circuit court to remove and appoint trustees apply equally to powers in trust and the trustees of such powers. Source: CivC 1877, § 358; CL 1887, § 2874…

A power is general when it authorizes the alienation or encumbrance of a fee in the property embraced therein by grant, will, or charge, or any of them in favor of any person whatever. Source: CivC 1877, § 301; CL 1887, § 2817; RCivC 1903, § 324; RC 1919, § 393; SDC 1939, § 59.04…

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: Ci…

A power is beneficial when no person other than its holder has by the terms of its creation any interest in its execution. Source: CivC 1877, § 303; CL 1887, § 2819; RCivC 1903, § 326; RC 1919, § 395; SDC 1939, § 59.0408.