Release of power to appoint--Filing and recording--Sufficiency of delivery.

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43-11-38. Release of power to appoint--Filing and recording--Sufficiency of delivery.

If an instrument pursuant to §43-11-36 shall be executed and acknowledged in the manner provided for the execution and acknowledgment of instruments affecting real estate and filed for record and recorded in the office of the register of deeds of the county in which the donee of the power resides, the county of last residence of the donor of the power or the county in which any real estate which may be subject to the power is located, such filing and recording shall be deemed a sufficient delivery of such release.

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


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