Power in Europe

Definition of Power

-The ability conferred on a person by law to determine, by his own will directed to that end, the legal relations of himself or others (Salmond). A power is the converse of disability. It differs from a right in that there are no accompanying duties. Powers are public, i. e., when vested by the State in ite agent or servant, or private, when conferred by one person on another. General powers are those which are by law incident to an oflice ; e,g,, of solicitor or trustee, special powers those conferred specially, e.(/., by a power of attorney, or a power of sale.Powers of appointment or revocation are powers which enable the donees to create or modify estates or interests in property. They confer the right of alienation as opposed to that of enjoyment; that is, the power enables the donee to declare in whom and in what manner the property is to vest, but gives him no right of ownership over it. The donee of a general power can exercise it in favour of anyone including himself. A limited power can only be exercised in accordance with its limitations. A power wae said to be legal when it passed the legal estate in the property, and equitable when it passed an equitable estate or interest.
Legal powers are (a) appendant or appurtenant when the donee has an estate in the land and the power is to take effect wholly or in part out of that estate; (b) in gross or collateral, where the donee may exercise the power for his own benefit ; (r) collateral or naked, where he cannot.
Legal powers (which are confined to land) operated either under the Statute of Uses, under the Wills Act, 1837, or by custom.
By the Law of Property Act, 1925, s. 1, sub-s. 7, every power of appointment is to operate only in equity, except that vested in a legal mortgagee or estate owner in right of his estate. See Alexander v. Alexander; Toilet v. Toilet

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Definition of Power is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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