Section 43-11-63 - Failure to designate person to execute power in trust created by will--Execution by circuit court

43-11-63. Failure to designate person to execute power in trust created by will--Execution by circuit court.Where a power in trust is created by will and the testator has omitted to designate, expressly or by necessary implication, by whom the power is to be executed, its execution devolves on the circuit court. Source: CivC 1877, §355; CL 1887, §2871; RCivC 1903, §378; RC 1919, §445; SDC 1939, §59.0458.