43-11-28. Effects on the power of a lien by mortgage. The effects on the power of a lien by mortgage such as is mentioned in §43-11-27 are: (1)That the mortgagee is entitled to an execution of the power, so far as the satisfaction of his lien may require it; and (2)That any subsequent estate created […]
43-11-29. Power to sell real property given as security for payment of money as part of the security. Where a power to sell real property is given to a mortgagee or other encumbrancer in an instrument intended to secure the payment of money, the power is to be deemed a part of the security and […]
43-11-3. Simple power of attorney to convey not covered by chapter. The provisions of this chapter do not extend to a simple power of attorney to convey real property in the name of the owner and for his benefit. Source: CivC 1877, §297; CL 1887, §2813; RCivC 1903, §320; RC 1919, §389; SDC 1939, §59.0402.
43-11-30. Power irrevocable unless authorized by instrument creating the power. Every power, beneficial or in trust, is irrevocable unless an authority to revoke it is given or reserved in the instrument creating the power. Source: CivC 1877, §311; CL 1887, §2827; RCivC 1903, §334; RC 1919, §403; SDC 1939, §59.0416.
43-11-31. Power as a lien upon real property. A power is a lien upon the real property which it embraces from the time the instrument in which it is contained takes effect; except that against creditors, purchasers, and encumbrancers, in good faith and without notice, from any person having an estate in such real property, […]
43-11-32. Enforcement of powers for benefit of interested parties. Every trust power unless its execution is made expressly to depend on the will of the trustee is imperative and imposes a duty on the trustee, the performance of which may be compelled for the benefit of the parties interested. Source: CivC 1877, §350; CL 1887, […]
43-11-33. Liability of power to claims of creditors. Every special and beneficial power is liable to the claims of creditors in the same manner as other interests that cannot be reached by execution, and the execution of the power may be adjudged for the benefit of the creditors entitled. Source: CivC 1877, §348; CL 1887, […]
43-11-34. Execution of trust power for benefit of creditors or assignees of beneficiary. The execution, in whole or in part, of any trust power, may be adjudged for the benefit of the creditors or assignees of any person entitled as one of the beneficiaries of the trust, to compel its execution when his interest is […]
43-11-35. Right of trustee to select or exclude beneficiaries of trust. A trust power does not cease to be imperative where the trustee has the right to select any and exclude others of the persons designated as the beneficiaries of the trust. Source: CivC 1877, §351; CL 1887, §2867; RCivC 1903, §374; RC 1919, §441; […]
43-11-36. Release of power to appoint–Execution by donee–Terms and conditions. A power to appoint which is exercisable by deed, by will, by deed or will, or otherwise, in whole or to any extent in favor of the donee of the power, his estate, his creditors, the creditors of his estate, or others, is releasable either […]
43-11-37. Validity of release of power to appoint. It is hereby declared that releases pursuant to §43-11-36 are in accordance with the public policy of this state and are valid and effectual whether heretofore or hereafter made. Source: SDC 1939, §59.0462 as enacted by SL 1945, ch 344.
43-11-38. Release of power to appoint–Filing and recording–Sufficiency of delivery. If an instrument pursuant to §43-11-36 shall be executed and acknowledged in the manner provided for the execution and acknowledgment of instruments affecting real estate and filed for record and recorded in the office of the register of deeds of the county in which the […]
43-11-39. Capacity to execute a power. A power cannot be executed by any person not capable of disposing of real property. Source: CivC 1877, §314; CL 1887, §2830; RCivC 1903, §337; RC 1919, §406; SDC 1939, §59.0419.
43-11-4. Power, definition. A power as the term is used in this chapter is an authority to do some act in relation to real property or to the creation or revocation of an estate therein or a charge thereon which the owner granting or reserving such power might himself perform for any purpose. Source: CivC […]
43-11-40. Married woman’s capacity to execute a power. A married woman may execute a power during her marriage without the concurrence of her husband unless otherwise prescribed by the terms of the power. Source: CivC 1877, §315; CL 1887, §2831; RCivC 1903, §338; RC 1919, §407; SDC 1939, §59.0420.
43-11-41. Effect of execution of power by married woman. When a married woman, entitled to an estate in fee, is authorized by a power to dispose of such estate during her marriage, she may, by virtue of such power, create any estate which she might create if unmarried. Source: CivC 1877, §332; CL 1887, §2848; […]
43-11-42. Execution of power vested in several persons. Where a power is vested in several persons, all must unite in its execution; but in case any one or more of them is dead, the power may be executed by the survivor or survivors unless otherwise prescribed by the terms of the power. Source: CivC 1877, […]
43-11-43. Written instrument required for execution of power. 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. Source: CivC 1877, §317; CL 1887, §2833; RCivC 1903, §340; RC […]
43-11-44. Power to dispose by grant not subject to execution by will. Where a power is confined to a disposition by grant, it cannot be executed by will even though the disposition is not intended to take effect until after the death of the person executing the power. Source: CivC 1877, §320; CL 1887, §2836; […]
43-11-45. Power to dispose by devise or will–Execution by will required. Where a power to dispose of real property is confined to a disposition by devise or will, the instrument of execution must be a will duly executed according to the provisions of the law relating to wills. Source: CivC 1877, §319; CL 1887, §2835; […]
