Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-11-55 Conditions existing at the time of the creation of a power determine legality
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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, § 59.0…
SDCL § 43-11-56 Discretionary power of trustee as to distribution of estate or fund
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Where the terms of a power import that the estate or fund is to be distributed among several persons designated in such manner or proportions as the trustee of the power may think proper, the trustee may allot the whole to any one or more of such persons in exclusion of the other…
SDCL § 43-11-57 Disposition under power to several persons--Allotment in equal proportions
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Where a disposition under a power is directed to be made to, among, or between several persons without any specification of the share or sum to be allotted to each, all the persons designated are entitled in equal proportions. Source: CivC 1877, § 352; CL 1887, § 2868; RCivC 1903…
SDCL § 43-11-58 Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons
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If the trustee of a power, with the right of selection, dies, leaving the power unexecuted, its execution must be adjudged for the benefit equally of all the persons designated as objects of the trust. Source: CivC 1877, § 354; CL 1887, § 2870; RCivC 1903, § 377; RC 1919, § 444; …
SDCL § 43-11-59 Fraud in instruments in execution of a power
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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.
SDCL § 43-11-6 Classification of powers
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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.
SDCL § 43-11-60 Valid execution of instrument without reference to power
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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…
SDCL § 43-11-61 Defective execution of power--Proper execution adjudged in favor of beneficiaries
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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…
SDCL § 43-11-62 Defective execution of power--Relief of purchasers for a valuable consideration
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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…
SDCL § 43-11-63 Failure to designate person to execute power in trust created by will--Execution by circuit court
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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…
SDCL § 43-11-64 Misconduct of trustee--Removal by circuit court--Law governing
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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…
SDCL § 43-11-7 General power defined
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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…
SDCL § 43-11-8 Special power defined
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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…
SDCL § 43-11-9 Beneficial power defined
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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.