Pinglish conveyancing
Categories: Property
Definition (1910 Edition)
to denote powers given for the good, not of the donee himself exclusively, or of the donee himself necessarily at all, but for the good of several persons, including or not including the donee also. They are so called because the donee ef them is as a minister or servant in his exercise of them. Brown.—Naked power. One which is simply collateral and without interest in the donee, which arises when, to a mere stranger, author ity is given of disposing of an interest, in which he had not before, nor has ee > pl creating the power, any es whatsoever. iereen Bennett, 1 Caines Cas. (N. Y.) 15, 2 Am. Dec. 281: Atwater v. Perkins. 51 Conn. 198: Clark v. Hornthal. 47 Miss. 534; Hunt v. Ennis, 12 Fed. Cas. 915.—Powers appendant and in gross. <A power appendant is where a person has an estate in land, and the estate to be created by the power is to, or may, take effect in possession during the tenancy 0 the estate to which the power is annexed. A power in gross is where the person to whom it is given has an estate in the land, but the estate to be created under or by virtue of the power is not to take effect line i sty hi termination of the estate to which it relates.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
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