South Dakota Statutes
§ 43-11-46 — Power authorizing execution of instrument insufficient to pass estate--Law governing.
South Dakota § 43-11-46
This text of South Dakota § 43-11-46 (Power authorizing execution of instrument insufficient to pass estate--Law governing.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 43-11-46 (2026).
Text
Where the author of a power has directed or authorized it to be executed by an instrument which would not be sufficient in law to pass the estate, the power is not void but its execution is to be governed by the rules prescribed in §§ 43-11-44 and 43-11-45 .
Free access — add to your briefcase to read the full text and ask questions with AI
Legislative History
CivC 1877, § 321; CL 1887, § 2837; RCivC 1903, § 344; RC 1919, § 412; SDC 1939, § 59.0425.
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10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.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 43-11-46, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-11-46.