Section 43-10-22 - Express trust in relation to real property for purpose not enumerated in chapter--Validity as power in trust.
43-10-22. Express trust in relation to real property for purpose not enumerated in chapter--Validity as power in trust. Where an express trust in relation to real property is created for any purpose not enumerated in this chapter, such trust vests no estate in the trustees; but the trust, if directing or authorizing the performance of any act which may be lawfully performed under a power is valid as a power in trust subject to the provisions in relation to such powers contained in chapter 43-11.
Source: CivC 1877, § 285; CL 1887, § 2801; RCivC 1903, § 308; RC 1919, § 377; SDC 1939, § 59.0309.