43-11-12. Special power in trust defined.
A special power is in trust:
(1)When the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power; or
(2)When any person or class of persons, other than the holder, is designated as entitled to any benefit from the disposition or charge authorized by the power.
Source: CivC 1877, §306; CL 1887, §2822; RCivC 1903, §329; RC 1919, §398; SDC 1939, §59.0411.