Power to dispose by grant not subject to execution by will.

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43-11-44. Power to dispose by grant not subject to execution by will.

Where a power is confined to a disposition by grant, it cannot be executed by will even though the disposition is not intended to take effect until after the death of the person executing the power.

Source: CivC 1877, §320; CL 1887, §2836; RCivC 1903, §343; RC 1919, §411; SDC 1939, §59.0424.


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