43-5-4. Suspension of power to alienate trust as suspension of power of alienation.
The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being.
Source: CivC 1877, §228; CL 1887, §2744; RCivC 1903, §251; RC 1919, §321; SDC 1939, §51.0412; SL 1983, ch 304, §8.
Structure South Dakota Codified Laws
Chapter 05 - Restraints On Alienation Of Property
Section 43-5-1 - Absolute power of alienation--Suspension--Limitation.
Section 43-5-3 - Term of years--Suspension of absolute ownership.
Section 43-5-4 - Suspension of power to alienate trust as suspension of power of alienation.
Section 43-5-5 - Computation of period for interest or trust created under power of appointment.
Section 43-5-6 - Distribution according to intent of creator.
Section 43-5-7 - Exempt transfers.
Section 43-5-8 - Rule against perpetuities not in force.
Section 43-5-9 - Limitation of actions to void existing instruments.