Where a power to dispose of real property is confined to a disposition by devise or will, the instrument of execution must be a will duly executed according to the provisions of the law relating to wills.

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Terms Used In South Dakota Codified Laws 43-11-45

  • Devise: To gift property by will.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Source: CivC 1877, § 319; CL 1887, § 2835; RCivC 1903, § 342; RC 1919, § 410; SDC 1939, § 59.0423.