Section 43-11-61 - Defective execution of power--Proper execution adjudged in favor of beneficiaries.

43-11-61. Defective execution of power--Proper execution adjudged in favor of beneficiaries. Where the execution of a power in trust is defective in whole or in part under the provisions of this chapter, its proper execution may be adjudged in favor of the persons designated as the objects of the trust.

Source: CivC 1877, § 357; CL 1887, § 2873; RCivC 1903, § 380; RC 1919, § 447; SDC 1939, § 59.0460.