Section 43-11-12 - Special power in trust defined A special power is in trust:
(1) When the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power; or(2) When any person or class of persons, other than the holder, is designated as entitled to any benefit from the disposition or charge authorized by the power. CivC 1877, § 306; CL 1887, § 2822; RCivC 1903, § 329; RC 1919, § 398; SDC 1939, § 59.0411.