Discretionary power of trustee as to distribution of estate or fund.

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43-11-56. Discretionary power of trustee as to distribution of estate or fund.

Where the terms of a power import that the estate or fund is to be distributed among several persons designated in such manner or proportions as the trustee of the power may think proper, the trustee may allot the whole to any one or more of such persons in exclusion of the others.

Source: CivC 1877, §353; CL 1887, §2869; RCivC 1903, §376; RC 1919, §443; SDC 1939, §59.0456.


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