South Dakota Statutes

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

South Dakota·Title 43 PROPERTY·Ch. 43-5 RESTRAINTS ON ALIENATION OF PROPERTY
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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South Dakota § 43-5-4 (Suspension of power to alienate trust as suspension of power of alienation.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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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