43-11-12. Special power in trust defined. A special power is in trust:
(1) When the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power; or
(2) When any person or class of persons, other than the holder, is designated as entitled to any benefit from the disposition or charge authorized by the power.Source: CivC 1877, § 306; CL 1887, § 2822; RCivC 1903, § 329; RC 1919, § 398; SDC 1939, § 59.0411.
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