South Dakota § 43-11-46 - Power authorizing execution of instrument insufficient to pass estate--Law governing.
Full text of South Dakota South Dakota Codified Laws § 43-11-46 — Power authorizing execution of instrument insufficient to pass estate--Law governing., with citation guidance and answers to common questions.
§ 43-11-46. Power authorizing execution of instrument insufficient to pass estate--Law governing.
Where the author of a power has directed or authorized it to be executed by an instrument which would not be sufficient in law to pass the estate, the power is not void but its execution is to be governed by the rules prescribed in §§ 43-11-44 and 43-11-45.
Source: CivC 1877, § 321; CL 1887, § 2837; RCivC 1903, § 344; RC 1919, § 412; SDC 1939, § 59.0425.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-11-46
What does South Dakota Codified Laws § 43-11-46 cover?
Section 43-11-46 ("Power authorizing execution of instrument insufficient to pass estate--Law governing.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 43-11-46?
A common citation format is "South Dakota Codified Laws § 43-11-46" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 43-11-46 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.