43-11-46. Power authorizing execution of instrument insufficient to pass estate--Law governing.Where the author of a power has directed or authorized it to be executed by an instrument which would not be sufficient in law to pass the estate, the power is not void but its execution is to be governed by the rules prescribed in §§43-11-44 and 43-11-45. Source: CivC 1877, §321; CL 1887, §2837; RCivC 1903, §344; RC 1919, §412; SDC 1939, §59.0425.
South Dakota Legal Code