43-11-39. Capacity to execute a power.
A power cannot be executed by any person not capable of disposing of real property.
Source: CivC 1877, §314; CL 1887, §2830; RCivC 1903, §337; RC 1919, §406; SDC 1939, §59.0419.
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.