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

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Terms Used In South Dakota Codified Laws 43-11-8

(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.