Commentary

4 Classification by reference to donee’s interest

POWERS OF APPOINTMENT vol 33
| Commentary

4 Classification by reference to donee’s interest

| Commentary

4 Classification by reference to donee’s interest

Powers of appointment were traditionally classified by reference to the donee’s (or appointor’s) interest as (1) powers appurtenant or appendant, (2) powers in gross, and (3) powers collateral1. This classification is now of little practical importance.

An appurtenant or appendant power is a power given to a person having an estate or interest in the property to which it relates which is capable of being affected by the exercise of the power2.

A power in gross is similarly given to a person with an estate or interest in the

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