South Dakota

43-11-1. Powers restricted to those specified.

43-11-2. Creation of beneficial power in relation to real property limited.

43-11-3. Simple power of attorney to convey not covered by chapter.

43-11-4. Power, definition.

43-11-5. Definition of terms--Author of power--Holder of power.

43-11-6. Classification of powers.

43-11-7. General power defined.

43-11-8. Special power defined.

43-11-9. Beneficial power defined.

43-11-10. Power in trust defined.

43-11-11. General power in trust defined.

43-11-12. Special power in trust defined.

43-11-13. Capacity to create power.

43-11-14. Manner of creating power.

43-11-15. Vesting of power.

43-11-16. Grantor may reserve power in conveyance.

43-11-17. Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.

43-11-18. Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.

43-11-19. Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.

43-11-20. Effect of absolute power of disposition of estate not limited by a remainder.

43-11-21. General and beneficial power to devise inheritance--Absolute power to dispose of fee.

43-11-22. Power of disposition absolute where holder can dispose of entire fee in his lifetime.

43-11-23. Special and beneficial power to make leases valid during life estate.

43-11-24. Special and beneficial power to lease void only as to excess term.

43-11-25. Transfer of power of owner of life estate to make leases.

43-11-26. Release of power of owner of life estate to make leases.

43-11-27. Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.

43-11-28. Effects on the power of a lien by mortgage.

43-11-29. Power to sell real property given as security for payment of money as part of the security.

43-11-30. Power irrevocable unless authorized by instrument creating the power.

43-11-31. Power as a lien upon real property.

43-11-32. Enforcement of powers for benefit of interested parties.

43-11-33. Liability of power to claims of creditors.

43-11-34. Execution of trust power for benefit of creditors or assignees of beneficiary.

43-11-35. Right of trustee to select or exclude beneficiaries of trust.

43-11-36. Release of power to appoint--Execution by donee--Terms and conditions.

43-11-37. Validity of release of power to appoint.

43-11-38. Release of power to appoint--Filing and recording--Sufficiency of delivery.

43-11-39. Capacity to execute a power.

43-11-40. Married woman's capacity to execute a power.

43-11-41. Effect of execution of power by married woman.

43-11-42. Execution of power vested in several persons.

43-11-43. Written instrument required for execution of power.

43-11-44. Power to dispose by grant not subject to execution by will.

43-11-45. Power to dispose by devise or will--Execution by will required.

43-11-46. Power authorizing execution of instrument insufficient to pass estate--Law governing.

43-11-47. Power directing formalities in addition to legal requirements--Observance unnecessary.

43-11-48. Instrument in execution of power a conveyance--Record required.

43-11-49. Nominal conditions annexed to power disregarded.

43-11-50. Intention of author of power to be observed--Exception.

43-11-51. Consent of third person to execution of power--Writing required--Signature.

43-11-52. Consent of several persons to execution of power--Sufficiency of consent of survivors.

43-11-53. Effect of more extensive disposition or charge than authorized by power.

43-11-54. Time during which right of alienation suspended by instrument in execution of power.

43-11-55. Conditions existing at the time of the creation of a power determine legality.

43-11-56. Discretionary power of trustee as to distribution of estate or fund.

43-11-57. Disposition under power to several persons--Allotment in equal proportions.

43-11-58. Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.

43-11-59. Fraud in instruments in execution of a power.

43-11-60. Valid execution of instrument without reference to power.

43-11-61. Defective execution of power--Proper execution adjudged in favor of beneficiaries.

43-11-62. Defective execution of power--Relief of purchasers for a valuable consideration.

43-11-63. Failure to designate person to execute power in trust created by will--Execution by circuit court.

43-11-64. Misconduct of trustee--Removal by circuit court--Law governing.