Section 43-25-32 - Reservation of power to revoke or modify instrument affecting estate in realproperty--Subsequent grant revokes original instrument. - South-dakota Statutes

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43-25-32. Reservation of power to revoke or modify instrument affecting estate in real property--Subsequent grant revokes original instrument. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of or charge upon the estate, by the person having the power of revocation, in favor of a purchaser or encumbrancer, for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.

Source: CivC 1877, § 678; CL 1887, § 3300; RCivC 1903, § 993; RC 1919, § 599; SDC 1939, § 51.1407.

State Codes and Statutes

Statutes > South-dakota > Title-43 > Chapter-25 > Statute-43-25-32

43-25-32. Reservation of power to revoke or modify instrument affecting estate in real property--Subsequent grant revokes original instrument. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of or charge upon the estate, by the person having the power of revocation, in favor of a purchaser or encumbrancer, for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.

Source: CivC 1877, § 678; CL 1887, § 3300; RCivC 1903, § 993; RC 1919, § 599; SDC 1939, § 51.1407.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-43 > Chapter-25 > Statute-43-25-32

43-25-32. Reservation of power to revoke or modify instrument affecting estate in real property--Subsequent grant revokes original instrument. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of or charge upon the estate, by the person having the power of revocation, in favor of a purchaser or encumbrancer, for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.

Source: CivC 1877, § 678; CL 1887, § 3300; RCivC 1903, § 993; RC 1919, § 599; SDC 1939, § 51.1407.