Every instrument executed by the holder of a power conveying an estate or creating a charge which such holder would have no right to convey or create except by virtue of his power, is to be deemed a valid execution of the power, even though not recited or referred to therein.

Source: CivC 1877, § 327; CL 1887, § 2843; RCivC 1903, § 350; RC 1919, § 418; SDC 1939, § 59.0431.