South Dakota Statutes
§ 55-3-40 — Validity, construction, and administration of trust with state jurisdiction provision.
South Dakota § 55-3-40
JurisdictionSouth Dakota
Title 55FIDUCIARIES AND TRUSTS
Ch. 55-3EXPRESS TRUSTS FOR THIRD-PARTY BENEFICIARIES
This text of South Dakota § 55-3-40 (Validity, construction, and administration of trust with state jurisdiction provision.) 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 § 55-3-40 (2026).
Text
The validity, construction, and administration of a trust with a state jurisdiction provision are determined by the laws of this state, including the:
(1)Capacity of the trustor;
(2)Powers, obligations, liabilities, and rights of the trustees and the appointment and removal of the trustees; and (3) Existence and extent of powers, conferred or retained, including a trustee's discretionary powers, and the validity of the exercise of a power.
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Related
Peterson v. Feldmann
2010 SD 53 (South Dakota Supreme Court, 2010)
Legislative History
SL 1998, ch 282, § 21.
Nearby Sections
15
§ 55-1-2
Trusts classified.§ 55-1-20
Trusts for noncharitable purposes.§ 55-1-21.1
Termination of trust for care of animal.§ 55-1-21.11
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Bluebook (online)
South Dakota § 55-3-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-3-40.