43-11-14. Manner of creating power.A power may be created only:(1)By a suitable clause contained in a grant of some estate in the real property to which the power relates or in an agreement to execute such a grant; or(2)By a devise contained in a will. Source: CivC 1877, §309; CL 1887, §2825; RCivC 1903, §332; RC 1919, §401; SDC 1939, §59.0414.
South Dakota Legal Code