Fraud On A Power in Europe
Definition of Fraud On A Power
The failure to exercise a power of appointment bona fide- to the end intended by the donor. For example, a father having power to appoint an estate to any of his children, appoints it to one on the point of death, he being the child’s heir (Hinchinbroke v. Seymour, 1 Bro. Ch. 395). A fraudulent exercise of a power will be set aside. Where an appointment is made in favour of a person at least twenty-five years of age, who is entitled to a share in default of appointment, a purchaser for value without notice of fraud is protected, after 1925, to the extent of that share. (Law of Property Act, 1925, s. 157.) See Alcyn v. Jlelchier
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Definition of Fraud On A Power is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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