SDCL § 55-9-13: Judicial determination that restrictive provisions are contrary to instrument creating trust.

Sections 55-9-7 to 55-9-12, inclusive, shall not apply to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the will, trust instrument, or other governing instrument described in § 55-9-7 and that such will, trust instrument or other governing instrument may not be changed to conform to §§ 55-9-8 to 55-9-12, inclusive.