In Re the Estate of Olson

[¶ 43.] Glenn’s will, as well as the probate, was governed by the Uniform Probate Code, and the UPC provides a statutory power of sale that was unknown to our pre-existing statutes and the common law. Had Glenn wanted to limit, restrict, or eliminate that power of sale, the UPC requires that Glenn had to provide that limitation in his will. SDCL 29A-3-715(a) (Unif. Probate Code § 3-715 (amended 1997)), 8 U.L.A. 169. Although Glenn failed to do so, today the Court declares that a specific devise of real property is “inconsistent” and in “inherent conflict” with the statutory power of sale and…