Capacity to create power.

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43-11-13. Capacity to create power.

No person is capable of creating a power who is not at the same time capable of granting some estate in the property to which the power relates.

Source: CivC 1877, §307; CL 1887, §2823; RCivC 1903, §330; RC 1919, §399; SDC 1939, §59.0412.


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