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CHAPTER 43-11

REAL PROPERTY POWERS

43-11-1      Powers restricted to those specified.
43-11-2      Creation of beneficial power in relation to real property limited.
43-11-3      Simple power of attorney to convey not covered by chapter.
43-11-4      Power, definition.
43-11-5      Definition of terms--Author of power--Holder of power.
43-11-6      Classification of powers.
43-11-7      General power defined.
43-11-8      Special power defined.
43-11-9      Beneficial power defined.
43-11-10      Power in trust defined.
43-11-11      General power in trust defined.
43-11-12      Special power in trust defined.
43-11-13      Capacity to create power.
43-11-14      Manner of creating power.
43-11-15      Vesting of power.
43-11-16      Grantor may reserve power in conveyance.
43-11-17      Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.
43-11-18      Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.
43-11-19      Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.
43-11-20      Effect of absolute power of disposition of estate not limited by a remainder.
43-11-21      General and beneficial power to devise inheritance--Absolute power to dispose of fee.
43-11-22      Power of disposition absolute where holder can dispose of entire fee in his lifetime.
43-11-23      Special and beneficial power to make leases valid during life estate.
43-11-24      Special and beneficial power to lease void only as to excess term.
43-11-25      Transfer of power of owner of life estate to make leases.
43-11-26      Release of power of owner of life estate to make leases.
43-11-27      Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.
43-11-28      Effects on the power of a lien by mortgage.
43-11-29      Power to sell real property given as security for payment of money as part of the security.
43-11-30      Power irrevocable unless authorized by instrument creating the power.
43-11-31      Power as a lien upon real property.
43-11-32      Enforcement of powers for benefit of interested parties.
43-11-33      Liability of power to claims of creditors.
43-11-34      Execution of trust power for benefit of creditors or assignees of beneficiary.
43-11-35      Right of trustee to select or exclude beneficiaries of trust.
43-11-36      Release of power to appoint--Execution by donee--Terms and conditions.
43-11-37      Validity of release of power to appoint.
43-11-38      Release of power to appoint--Filing and recording--Sufficiency of delivery.
43-11-39      Capacity to execute a power.
43-11-40      Married woman's capacity to execute a power.
43-11-41      Effect of execution of power by married woman.


43-11-42      Execution of power vested in several persons.
43-11-43      Written instrument required for execution of power.
43-11-44      Power to dispose by grant not subject to execution by will.
43-11-45      Power to dispose by devise or will--Execution by will required.
43-11-46      Power authorizing execution of instrument insufficient to pass estate--Law governing.
43-11-47      Power directing formalities in addition to legal requirements--Observance unnecessary.
43-11-48      Instrument in execution of power a conveyance--Record required.
43-11-49      Nominal conditions annexed to power disregarded.
43-11-50      Intention of author of power to be observed--Exception.
43-11-51      Consent of third person to execution of power--Writing required--Signature.
43-11-52      Consent of several persons to execution of power--Sufficiency of consent of survivors.
43-11-53      Effect of more extensive disposition or charge than authorized by power.
43-11-54      Time during which right of alienation suspended by instrument in execution of power.
43-11-55      Conditions existing at the time of the creation of a power determine legality.
43-11-56      Discretionary power of trustee as to distribution of estate or fund.
43-11-57      Disposition under power to several persons--Allotment in equal proportions.
43-11-58      Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.
43-11-59      Fraud in instruments in execution of a power.
43-11-60      Valid execution of instrument without reference to power.
43-11-61      Defective execution of power--Proper execution adjudged in favor of beneficiaries.
43-11-62      Defective execution of power--Relief of purchasers for a valuable consideration.
43-11-63      Failure to designate person to execute power in trust created by will--Execution by circuit court.
43-11-64      Misconduct of trustee--Removal by circuit court--Law governing.


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