Section 43-5-4 - Suspension of power to alienate trust as suspension of power of alienation. - South Dakota Statutes

43-5-4. Suspension of power to alienate trust as suspension of power of alienation. The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being.

Source: CivC 1877, § 228; CL 1887, § 2744; RCivC 1903, § 251; RC 1919, § 321; SDC 1939, § 51.0412; SL 1983, ch 304, § 8.