South Dakota Statutes

§ 43-5-4 — Suspension of power to alienate trust as suspension of power of alienation.

South Dakota § 43-5-4
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-5RESTRAINTS ON ALIENATION OF PROPERTY

This text of South Dakota § 43-5-4 (Suspension of power to alienate trust as suspension of power of alienation.) 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 § 43-5-4 (2026).

Text

The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being.

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Legislative History

CivC 1877, § 228; CL 1887, § 2744; RCivC 1903, § 251; RC 1919, § 321; SDC 1939, § 51.0412; SL 1983, ch 304, § 8.

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Bluebook (online)
South Dakota § 43-5-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-5-4.