A power cannot be executed by any person not capable of disposing of real property.

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Terms Used In South Dakota Codified Laws 43-11-39

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Source: CivC 1877, § 314; CL 1887, § 2830; RCivC 1903, § 337; RC 1919, § 406; SDC 1939, § 59.0419.