§ 43-11-1 Powers restricted to those specified
§ 43-11-2 Creation of beneficial power in relation to real property limited
§ 43-11-3 Simple power of attorney to convey not covered by chapter
§ 43-11-4 Power, definition
§ 43-11-5 Definition of terms–Author of power–Holder of power
§ 43-11-6 Classification of powers
§ 43-11-7 General power defined
§ 43-11-8 Special power defined
§ 43-11-9 Beneficial power defined
§ 43-11-10 Power in trust defined
§ 43-11-11 General power in trust defined
§ 43-11-12 Special power in trust defined
§ 43-11-13 Capacity to create power
§ 43-11-14 Manner of creating power
§ 43-11-15 Vesting of power
§ 43-11-16 Grantor may reserve power in conveyance
§ 43-11-17 Effect of reservation of absolute power of revocation by grantor–Rights of creditors and purchasers
§ 43-11-18 Effect of absolute power of disposition given to life tenant or tenant for years–Rights of creditors, purchasers, or encumbrancers
§ 43-11-19 Effect of absolute power of disposition given to person to whom no particular estate is limited–Rights of creditors, purchasers, and encumbrancers
§ 43-11-20 Effect of absolute power of disposition of estate not limited by a remainder
§ 43-11-21 General and beneficial power to devise inheritance–Absolute power to dispose of fee
§ 43-11-22 Power of disposition absolute where holder can dispose of entire fee in his lifetime
§ 43-11-23 Special and beneficial power to make leases valid during life estate
§ 43-11-24 Special and beneficial power to lease void only as to excess term
§ 43-11-25 Transfer of power of owner of life estate to make leases
§ 43-11-26 Release of power of owner of life estate to make leases
§ 43-11-27 Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power
§ 43-11-28 Effects on the power of a lien by mortgage
§ 43-11-29 Power to sell real property given as security for payment of money as part of the security
§ 43-11-30 Power irrevocable unless authorized by instrument creating the power
§ 43-11-31 Power as a lien upon real property
§ 43-11-32 Enforcement of powers for benefit of interested parties
§ 43-11-33 Liability of power to claims of creditors
§ 43-11-34 Execution of trust power for benefit of creditors or assignees of beneficiary
§ 43-11-35 Right of trustee to select or exclude beneficiaries of trust
§ 43-11-36 Release of power to appoint–Execution by donee–Terms and conditions
§ 43-11-37 Validity of release of power to appoint
§ 43-11-38 Release of power to appoint–Filing and recording–Sufficiency of delivery
§ 43-11-39 Capacity to execute a power
§ 43-11-40 Married woman’s capacity to execute a power
§ 43-11-41 Effect of execution of power by married woman
§ 43-11-42 Execution of power vested in several persons
§ 43-11-43 Written instrument required for execution of power
§ 43-11-44 Power to dispose by grant not subject to execution by will
§ 43-11-45 Power to dispose by devise or will–Execution by will required
§ 43-11-46 Power authorizing execution of instrument insufficient to pass estate–Law governing
§ 43-11-47 Power directing formalities in addition to legal requirements–Observance unnecessary
§ 43-11-48 Instrument in execution of power a conveyance–Record required
§ 43-11-49 Nominal conditions annexed to power disregarded
§ 43-11-50 Intention of author of power to be observed–Exception
§ 43-11-51 Consent of third person to execution of power–Writing required–Signature
§ 43-11-52 Consent of several persons to execution of power–Sufficiency of consent of survivors
§ 43-11-53 Effect of more extensive disposition or charge than authorized by power
§ 43-11-54 Time during which right of alienation suspended by instrument in execution of power
§ 43-11-55 Conditions existing at the time of the creation of a power determine legality
§ 43-11-56 Discretionary power of trustee as to distribution of estate or fund
§ 43-11-57 Disposition under power to several persons–Allotment in equal proportions
§ 43-11-58 Death of trustee of a power with right of selection–Execution of power for benefit equally of all designated persons
§ 43-11-59 Fraud in instruments in execution of a power
§ 43-11-60 Valid execution of instrument without reference to power
§ 43-11-61 Defective execution of power–Proper execution adjudged in favor of beneficiaries
§ 43-11-62 Defective execution of power–Relief of purchasers for a valuable consideration
§ 43-11-63 Failure to designate person to execute power in trust created by will–Execution by circuit court
§ 43-11-64 Misconduct of trustee–Removal by circuit court–Law governing.Get Chapter 43-11

Terms Used In South Dakota Codified Laws > Title 43 > Chapter 11

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Fraud: Intentional deception resulting in injury to another.
  • Good faith: an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious. See South Dakota Codified Laws 2-14-2
  • Grantor: The person who establishes a trust and places property into it.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: is coextensive with lands, tenements, and hereditaments. See South Dakota Codified Laws 2-14-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Several: in relation to number, two or more. See South Dakota Codified Laws 2-14-2
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.
  • Valuable consideration: a thing of value parted with, or a new obligation assumed at the time of obtaining the thing, which is a substantial compensation for that which is obtained thereby. See South Dakota Codified Laws 2-14-2
  • Writing: and "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
  • 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