Commentary

28 Application of the doctrine of fraud on a power to releases and revocation

POWERS OF APPOINTMENT vol 33
| Commentary

28 Application of the doctrine of fraud on a power to releases and revocation

| Commentary

28 Application of the doctrine of fraud on a power to releases and revocation

The equitable doctrine of fraud on a power applies to the exercise of a power, but not to the release of a power or a covenant not to exercise a power1; and the release of a special power which results in a benefit to the donee of the power is not by itself fraudulent2. Further, the revocation of a power of appointment3, even if it is agreed that it is made with the object of partially benefiting the appointor, is

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