Section 43-11-13 - Capacity to create power.

43-11-13. Capacity to create power. No person is capable of creating a power who is not at the same time capable of granting some estate in the property to which the power relates.

Source: CivC 1877, § 307; CL 1887, § 2823; RCivC 1903, § 330; RC 1919, § 399; SDC 1939, § 59.0412.