General and beneficial power to devise inheritance--Absolute power to dispose of fee.

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  5. General and beneficial power to devise inheritance--Absolute power to dispose of fee.

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43-11-21. General and beneficial power to devise inheritance--Absolute power to dispose of fee.

Where a general and beneficial power to devise the inheritance is given to the owner of an estate for life or for years, he is deemed to possess an absolute power of disposition within the meaning of §§43-11-18 to 43-11-20, inclusive.

Source: CivC 1877, §339; CL 1887, §2855; RCivC 1903, §362; RC 1919, §429; SDC 1939, §59.0442.


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