43-11-8. Special power defined.
A power is special:
(1)When a person or class of persons is designated, to whom the disposition of property under the power is to be made; or
(2)When it authorizes the alienation or encumbrance, by means of a grant, will, or charge, of only an estate less than a fee.
Source: CivC 1877, §302; CL 1887, §2818; RCivC 1903, §325; RC 1919, §394; SDC 1939, §59.0407.