With the exceptions contained in §§ 43-11-46 to 43-11-49, inclusive, the intentions of the author of a power as to the mode, time, and conditions of its execution must be observed, subject to the power of a circuit court to supply a defective execution in the cases provided in §§ 43-11-61 and 43-11-62.

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Source: CivC 1877, § 324; CL 1887, § 2840; RCivC 1903, § 347; RC 1919, § 415; SDC 1939, § 59.0428.