43-11-43. Written instrument required for execution of power.
A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power, if the person executing the power was the actual owner.
Source: CivC 1877, §317; CL 1887, §2833; RCivC 1903, §340; RC 1919, §408; SDC 1939, §59.0421.