A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power, if the person executing the power was the actual owner.

Terms Used In South Dakota Codified Laws 43-11-43

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: CivC 1877, § 317; CL 1887, § 2833; RCivC 1903, § 340; RC 1919, § 408; SDC 1939, § 59.0421.