43-11-49. Nominal conditions annexed to power disregarded.
Where the conditions annexed to a power are merely nominal and evince no intention of actual benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded in the execution of the power.
Source: CivC 1877, §323; CL 1887, §2839; RCivC 1903, §346; RC 1919, §414; SDC 1939, §59.0427.