Property subject to transfer--Rights of trustee, conservator, or personal representative.

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43-4-2. Property subject to transfer--Rights of trustee, conservator, or personal representative.

Property of any kind may be transferred to a person, estate, trust, conservatorship, personal representative of an estate, conservator of an estate, or trustee, except as otherwise provided by this chapter.

In those cases where a trustee, conservator, or personal representative of an estate holds title to property, he holds it in a fiduciary capacity for the purposes of administration. In those cases where the trust, conservatorship, or estate itself is the grantee or transferee, the trustee, conservator, or personal representative thereof shall have the same rights, powers, duties, and liabilities with respect to the property so transferred as if the deed or other instrument of transfer had named the trustee, conservator, or personal representative as grantee or transferee.

Source: CivC 1877, §601; CL 1887, §3224; RCivC 1903, §917; RC 1919, §519; SDC 1939, §51.1301; SL 1991, ch 363, §1; SL 1992, ch 308; SL 1993, ch 213, §232.


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