Conditions existing at the time of the creation of a power determine legality.

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  2. South Dakota Codified Laws
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  5. Conditions existing at the time of the creation of a power determine legality.

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43-11-55. Conditions existing at the time of the creation of a power determine legality.

No estate or interest can be given or limited to any person by an instrument in execution of a power which could not have been given or limited at the time of the creation of the power.

Source: CivC 1877, §331; CL 1887, §2847; RCivC 1903, §354; RC 1919, §422; SDC 1939, §59.0435.


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