Release of power to appoint--Execution by donee--Terms and conditions.

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43-11-36. Release of power to appoint--Execution by donee--Terms and conditions.

A power to appoint which is exercisable by deed, by will, by deed or will, or otherwise, in whole or to any extent in favor of the donee of the power, his estate, his creditors, the creditors of his estate, or others, is releasable either with or without consideration, by written instrument executed by the donee. A power to appoint described herein is releasable with respect to the whole or any part of the property subject to such power and is also releasable in such manner as to reduce or limit the persons or objects in whose favor such power would otherwise be exercisable.

Source: SDC 1939, §59.0462 as enacted by SL 1945, ch 344.


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