Commentary

7 Effect of appointments on interests in default

POWERS OF APPOINTMENT vol 33
| Commentary

7 Effect of appointments on interests in default

| Commentary

7 Effect of appointments on interests in default

On the execution of the power of appointment, interests given in default of appointment are defeated to the extent of the appointment. This is carried to its logical conclusion, so that an assignment of an interest to which a person is entitled in default of appointment may be defeated if the power of appointment is afterwards exercised, even if in favour of the assignor, as the interest obtained by the appointment is distinct from that owned by the assignor at the date of the assignment1.

In the absence of a

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