South Dakota Codified Laws
Chapter 09 - Charitable Trusts
Section 55-9-2 - Validity of trust not affected by uncertainty or violation of rule against perpetuities--Disposal of property by trustee.

55-9-2. Validity of trust not affected by uncertainty or violation of rule against perpetuities--Disposal of property by trustee.
No such trust shall be invalid because of indefiniteness or uncertainty of the object of such trust or of the beneficiaries thereof designated in the instrument creating the same nor by reason of the same contravening any statute or rule against perpetuities, but no such trust shall be construed so as to prevent or limit the free alienation of the title to any of the trust estate by the trustee in the administration of said trust, except as may be permitted under existing or subsequent statutes.

Source: SL 1955, ch 429, §2; SDC Supp 1960, §59.0602.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 09 - Charitable Trusts

Section 55-9-1 - Express trusts--Creation for charitable, educational, religious, or other public use.

Section 55-9-2 - Validity of trust not affected by uncertainty or violation of rule against perpetuities--Disposal of property by trustee.

Section 55-9-3 - Action to enforce charitable trust--Liberal construction to carry out intent--Notice of action to attorney general.

Section 55-9-4 - Incomplete or imperfect trust--Purposes impracticable or impossible of performance--Administration to accomplish general purpose--Order of court with consent of donor, if alive and competent.

Section 55-9-5 - Enforcement by attorney general as representative of beneficiaries--Exception.

Section 55-9-6 - Restrictions to avoid taxability of income--Definition of terms.

Section 55-9-7 - Restrictions deemed incorporated in instrument creating charitable trust or foundation.

Section 55-9-8 - Self-dealing by trustee prohibited.

Section 55-9-9 - Distributions required to avoid taxes.

Section 55-9-10 - Retention of excess business holdings prohibited.

Section 55-9-11 - Investments to jeopardize exempt purposes prohibited.

Section 55-9-12 - Taxable expenditures prohibited.

Section 55-9-13 - Judicial determination that restrictive provisions are contrary to instrument creating trust.

Section 55-9-14 - State supervisory powers unimpaired by restrictions to avoid taxability of income.