A power may be created only:

(1) By a suitable clause contained in a grant of some estate in the real property to which the power relates or in an agreement to execute such a grant; or

contract signature

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Terms Used In South Dakota Codified Laws 43-11-14

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

(2) By a devise contained in a will.

Source: CivC 1877, § 309; CL 1887, § 2825; RCivC 1903, § 332; RC 1919, § 401; SDC 1939, § 59.0414.

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