43-11-60. Valid execution of instrument without reference to power.
Every instrument executed by the holder of a power conveying an estate or creating a charge which such holder would have no right to convey or create except by virtue of his power, is to be deemed a valid execution of the power, even though not recited or referred to therein.
Source: CivC 1877, §327; CL 1887, §2843; RCivC 1903, §350; RC 1919, §418; SDC 1939, §59.0431.