Where a power in trust is created by will and the testator has omitted to designate, expressly or by necessary implication, by whom the power is to be executed, its execution devolves on the circuit court.

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.

Terms Used In South Dakota Codified Laws 43-11-63

  • Testator: A male person who leaves a will at death.

Source: CivC 1877, § 355; CL 1887, § 2871; RCivC 1903, § 378; RC 1919, § 445; SDC 1939, § 59.0458.