43-5-4. Suspension of power to alienate trust as suspension of power of alienation.The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being. Source: CivC 1877, §228; CL 1887, §2744; RCivC 1903, §251; RC 1919, §321; SDC 1939, §51.0412; SL 1983, ch 304, §8.
South Dakota Legal Code