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CHAPTER LXXXVII.

OF POWERS.

88. Powers, except as provided for in this

Chapter, aboliehed. 3859. Definition of Power. 2500. Who incapable of granting a Power. 1. Division of Powers. 2862. Definition of General Powers. 2063. Definition of Special Powers. 3664. Beneficial Powers. 2965. Povers to Warried Woman. 2566. Estate of Tenant for life, etc., when

changed into a fee. 9667, 2868. Certain Powers create a fee, etc. 2009. Efect of Power to devise the inheritance

in eertain cases. 2670. What Powers to be deemed absolute. 2571. Pover to revoke. 2572 Special and Beneficial Powers, who may

SECTION 2689. Beneficial Powers, eto., how affected by

certain assignments. 2690. Reservation of Powers in Conveyances. 2691. How Powers to be granted. 2692. Recording Powers, effect of. 2693. When Powers irrevocable. 2694. In whom Powers may be vested, etc. 2695. When Married Woman. 2696. Execution of Power by survivors. 2697. How executed. 2698. Instrumente deemed Conveyances. 2699. Execution of Power to dispose by device. 2700. Execution of Power to dispose by grant. 2701. How grant to be acknowledged by Married

Woman. 2702, 2703. Directions by grantor. 2704. Nominal conditions. 2705. When directions of Grantor to be ob

served. 2706. Consent of third person to execution of

Power. 2707. Certain dispositions not void. 2708. Omission to recite Power. 2709. Fraud. 2710. Power to de vise, eto. 2811. Certain Estates to be advancemente. 2712. Computation of time of suspension. 2713. Who may not take under Powers. 2714. Married Women, their authority, etc. 2715, 2716. Defective executions. 2717. Powers to sell on Mortgages. 2718. Application of this Chapter. 2719. Terms “Grantor of a Power," and

"Grantee of a Power," defined.

2673. Power to make Leases by Tenant for life. 2974. Release of such Power. 3575. Mortgage by party having Power to Lease,

ete. 2576. Effect of Mortgage on Power. 2677. Future Beneficial Powers. 3678. Beneficial Powers liable to Creditors. 3679. General Powers, when in trust. 2680. Special Powers, when in trust. 2581. Trust Powers imperative. 3382. Eileet of right of selection. 283, 284. Construction of Powers in certain

cases.

2585, 2686. When Chancery to execute Powers. 2887. Application of certain Sections of prece

ding Chapter. 2088. Execution of Trust Power when compelled

by Creditors, etc.

Chapter Sixty-Four of Revised Statutes of 1848.

R. S. of V. Y.,
Art. 3, Title 2,
Chap. 1, Part 2
Powers, exceptas
provided for in

abolished.

Definition of Power.

Division of Powers.

Definition of Ge.
Deral Powers.

cial Powers.

(2658.) SECTION 1. Powers, except as authorized and prothis Chapter, vided for in this chapter, are abolished; and from the time this

chapter shall be in force, the creation, construction and execution of powers, shall be governed by the provisions herein contained.

(2659.) Sec. 2. A power is an authority to do some act in relation to lands, or the creation of estates therein, or of charges thereon, which the owner granting or reserving such power,

might himself lawfully perform. Who incapable of (2660.) SEC. 3. No person is capable in law of granting a granting a Power.

power, who is not at the same time capable of aliening some interest in the lands to which the power relates.

(2661.) Sec. 4. Powers as authorized in this chapter, are general or special, and beneficial or in trust.

(2662.) Sec. 5. A power is general, when it authorizes the alienation in fee, by means of a conveyance, will or charge of

the lands embraced in the power, to any alienee whatever. Deanition of Spe- (2663.) Sec. 6. A power is special:

1. When the person or class of persons to whom the disposition of the lands under the power is to be made, are designated;

2. When the power authorizes the alienation, by means of a conveyance, will or charge, of a particular estate or interest less than a fee.

(266 4.) SEC. 7. A general or special power is beneficial when no person other than the grantee has, by the terms of its creation, any interest in its execution.

(2665.) Sec. 8. A general and beneficial power may be given to a married woman, to dispose during the marriage, and without the concurrence of her husband, of lands conveyed or devised to her in fee.

(2666.) Sec. 9. When an absolute power of disposition, not in the rechanged accompanied by any trust, shall be given to the owner of a

particular estate, for life or years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power should not be executed, or the lands should not be sold for the satisfaction of debts.

(2007.) Sec. 10. When a like power of disposition shall be given to any person to whom no particular estate is limited,

Beneficial Powers.

Powerg to Married Wonien.

Estate of Tenant for life, etc.,

Certain Powers create a fee, etc.

tain cases.

be deemed abso

such person shall also take a fee, subject to any future estates that may be limited thereon, but absolute in respect to creditors and purchasers. (2668.) Sec. 11. In all cases where such power of disposition Certain Powers

create a fee, etc. is given, and no remainder is limited on the estate of the grantee of the power, such grantee shall be entitled to an absolute fee.

(2669.) Sec. 12. When a general and beneficial power to clfect of Power devise the inheritance, shall be given to a tenant for life or heritance in cerfor years, such tenant shall be deemed to possess an absolute power of disposition, within the meaning, and subject to the provisions of the three lạst preceding sections.

(2670.) Sec. 13. Every power of disposition shall be deemed What Powers to absolute, by means of which the grantee is enabled, in his life-lute. time, to dispose of the entire fee for his own benefit.

(2671.) Sec. 14. When the grantor in any conveyance shall Power to revoke reserve to himself, for his own benefit an absolute power of revocation, such grantor shall still be deemed the absolute owner of the estate conveyed, so far as the rights of creditors and purchasers are concerned. (2672.) Sec. 15. A special and beneficial power may be Special and Bene

ticial Powere, granted:

1. To a married woman, to dispose, during the marriage, and without the consent of her husband, of any estate less than a fee, belonging to her, in the lands to which the power relates;

2. To a tenant for life of the lands embraced in the power, to make leases for not more than twenty-one years, and to commence in possession during his life.

(2673.) Sec. 16. The power of a tenant for life to make power to make leases, is not assignable as a separate interest, and will pass, fuite. unless specially excepted, by any conveyance of such estate; and if specially excepted in any such conveyance, it is extinguished.

(2674.) Sec. 17. Such power may be released by the tenant Release of such to any person entitled to an expectant estate in the lands, and shall thereupon be extinguished.

(2675.) Sec. 18. A mortgage executed by a tenant for life Mortgage by parhaving a power to make leases, or by a married woman by to lease, etc. virtue of any beneficial power, does not extinguish or suspend the power ; but the power is bound by the mortgage, in the same manner as the lands embraced therein.

who may take.

Leases by Tenant

Power.

Effect of Mort. gage on Power.

Powers.

Beneficial Powers liable 'to Credi. tors.

General Powers when in Trust.

(2676.) Sec. 19. The effects of such a lien by mortgage on the power are:

1. That the mortgagee is entitled, in equity, to an execution of the power, so far as the satisfaction of his debt may require;

2. That any subsequent estate created by the owner, in execution of the power, becomes subject to the mortgage, in

the same manner as if in terms embraced therein. Future Beneficial

(2677.) Sec. 20. No beneficial power, general or special, hereafter to be created, other than such as are enumerated and defined in the preceding sections of this chapter, shall be valid.

(2678.) SEC. 21. Every special and beneficial power is liable in equity to the claims of creditors, in the same manner as other interests that cannot be reached by an execution at law, and the execution of the power may be decreed for the benefit of the creditors entitled.

(2679.) Sec. 22. A general power is in trust when any person or class of persons, other than the grantee of such power, is designated as entitled to the proceeds, or any portion of the proceeds or other benefits to arise from the alienation of the

lands according to the power. Special Powers, (2680.) Sec. 23. A special power is in trust: when in Trust.

1. When the disposition which it authorizes, is limited to be made to any particular person or class of persons, other than the grantee of such power;

2. When any person or class of persons, other than the grantee, is entitled to any benefit from the disposition or

charge authorized by the power. Trust Powers (2681.) Sec. 24. Every trust power, unless its execution or

non-execution is made expressly to depend on the will of the grantee, is imperative, and imposes a duty on the grantee, the performance of which may be compelled in equity for the

benefit of the parties interested. Effect of right of 2682.) Sec. 25. A trust power does not cease to be imper

ative when the grantee has the right to select any, and exclude others of the persons designated as the objects of the

trust. Construction of (2683.) Sec. 26. When a disposition under a power is

directed to be made to, or among, or between several persons, without any specification of the share or sum to be allotted to each, all the persons designated shall be entitled to an equal proportion.

imperative.

selection.

Powers in certain cases.

Powers in certain

When Chancery to execute Pow

Ibid.

by Creditors, etc.

(2684.) Sec. 27. But when the terms of the power import Construction of that the estate or fund is to be distributed between the persons cases. so designated, in such manner or proportions as the Trustee of the power may think proper, the Trustee may allot the whole to any one or more of such persons, in exclusion of the others.

(2685.) SEC. 28. If the Trustee of a power, with the right of selection, shall die leaving the power unexecuted, its execution ers. shall be decreed in the Court of Chancery for the benefit equally of all the persons designated as objects of the trust.

(2686.) Sec. 29. When a power in trust is created by will, and the testator has omitted to designate by whom the power is to be executed, its execution shall devolve on the Court of Chancery.

(2687.) Sec. 30. The provisions contained in the next pre- Application of ceding chapter, from section twenty-two to section twenty-of preceding seven, both inclusive, in relation to express trusts and Trustees, shall apply equally to powers in trust, and the grantees of such powers.

(2688.) Sec. 31. The execution, in whole or in part, of any Execution of trust power, may be decreed in Chancery for the benefit of when compelled the creditors or assignees of any person entitled as one of the objects of the trust to compel its execution, when the interest of the objects of such trust is assignable.

(2689.) SEC. 32. Every beneficial power, and the interest of Beneficial Pow. every person entitled to compel the execution of a trust fected by certain

Assignments. power, shall pass to the assignees of the estate and effects of the person in whom such power or interest is vested, under any general assignment of the estate and effects of such

person for the benefit of creditors, made pursuant to law.

(2690.) SEC. 33. The grantor in any conveyance may reserve Reservation of to himself any power, beneficial or in trust, which he might veyances. lawfully grant to another; and every power so reserved, shall be subject to the provisions of this chapter, in the same manner as if granted to another.

(2691.) Sec. 34. A power may be granted :

1. By a suitable clause contained in the conveyance of some How Powers to estate, in the lands to which the power relates;

2. Bv a devise contained in a last will and testament;

(2692.) Sec. 35. Every power shall be a lien or charge upon Recording Powthe lands which it embraces, as against creditors and purchasers in good faith, and without notice of or from any person having an estate in such lands, only from the time the

be granted.

ers, effect of.

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