43-11-19. Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.
Where an absolute power of disposition not accompanied by any trust is given to any person to whom no particular estate is limited, such person also takes a fee subject to any future estate that may be limited thereon but absolute in favor of creditors, purchasers, and encumbrancers.
Source: CivC 1877, §337; CL 1887, §2853; RCivC 1903, §360; RC 1919, §427; SDC 1939, §59.0440.
Structure South Dakota Codified Laws
Chapter 11 - Real Property Powers
Section 43-11-1 - Powers restricted to those specified.
Section 43-11-2 - Creation of beneficial power in relation to real property limited.
Section 43-11-3 - Simple power of attorney to convey not covered by chapter.
Section 43-11-4 - Power, definition.
Section 43-11-5 - Definition of terms--Author of power--Holder of power.
Section 43-11-6 - Classification of powers.
Section 43-11-7 - General power defined.
Section 43-11-8 - Special power defined.
Section 43-11-9 - Beneficial power defined.
Section 43-11-10 - Power in trust defined.
Section 43-11-11 - General power in trust defined.
Section 43-11-12 - Special power in trust defined.
Section 43-11-13 - Capacity to create power.
Section 43-11-14 - Manner of creating power.
Section 43-11-15 - Vesting of power.
Section 43-11-16 - Grantor may reserve power in conveyance.
Section 43-11-20 - Effect of absolute power of disposition of estate not limited by a remainder.
Section 43-11-23 - Special and beneficial power to make leases valid during life estate.
Section 43-11-24 - Special and beneficial power to lease void only as to excess term.
Section 43-11-25 - Transfer of power of owner of life estate to make leases.
Section 43-11-26 - Release of power of owner of life estate to make leases.
Section 43-11-28 - Effects on the power of a lien by mortgage.
Section 43-11-30 - Power irrevocable unless authorized by instrument creating the power.
Section 43-11-31 - Power as a lien upon real property.
Section 43-11-32 - Enforcement of powers for benefit of interested parties.
Section 43-11-33 - Liability of power to claims of creditors.
Section 43-11-34 - Execution of trust power for benefit of creditors or assignees of beneficiary.
Section 43-11-35 - Right of trustee to select or exclude beneficiaries of trust.
Section 43-11-36 - Release of power to appoint--Execution by donee--Terms and conditions.
Section 43-11-37 - Validity of release of power to appoint.
Section 43-11-38 - Release of power to appoint--Filing and recording--Sufficiency of delivery.
Section 43-11-39 - Capacity to execute a power.
Section 43-11-40 - Married woman's capacity to execute a power.
Section 43-11-41 - Effect of execution of power by married woman.
Section 43-11-42 - Execution of power vested in several persons.
Section 43-11-43 - Written instrument required for execution of power.
Section 43-11-44 - Power to dispose by grant not subject to execution by will.
Section 43-11-45 - Power to dispose by devise or will--Execution by will required.
Section 43-11-48 - Instrument in execution of power a conveyance--Record required.
Section 43-11-49 - Nominal conditions annexed to power disregarded.
Section 43-11-50 - Intention of author of power to be observed--Exception.
Section 43-11-51 - Consent of third person to execution of power--Writing required--Signature.
Section 43-11-53 - Effect of more extensive disposition or charge than authorized by power.
Section 43-11-55 - Conditions existing at the time of the creation of a power determine legality.
Section 43-11-56 - Discretionary power of trustee as to distribution of estate or fund.
Section 43-11-57 - Disposition under power to several persons--Allotment in equal proportions.
Section 43-11-59 - Fraud in instruments in execution of a power.
Section 43-11-60 - Valid execution of instrument without reference to power.
Section 43-11-62 - Defective execution of power--Relief of purchasers for a valuable consideration.
Section 43-11-64 - Misconduct of trustee--Removal by circuit court--Law governing.