Section 43-10-9 - Devise of real property for purpose of sale or mortgage vests no estate in trustee--Trust valid as a power in trust.
43-10-9. Devise of real property for purpose of sale or mortgage vests no estate in trustee--Trust valid as a power in trust. A devise of real property to personal representatives or other trustees to be sold or mortgaged where the trustees are not also empowered to receive the rents and profits, vests no estate in them; but the trust is valid as a power in trust.
Source: CivC 1877, § 283; CL 1887, § 2799; RCivC 1903, § 306; RC 1919, § 375; SDC 1939, § 59.0308.