104. Remoteness in contingency on which power takes effect.

The contingency on which the appointment is to take effect must also be confined within the perpetuity period. In so far as the contingency is prescribed by the creator of the power, the period is calculated from the time of creation of the power1.

Accordingly, the usual general power in a marriage settlement given to the wife, or in a will given to a woman unmarried at the testator's death, to appoint generally, in default of her future issue taking vested interests under previous gifts, is valid2; but, except where saved by statute3, the power is not valid where the

Popular documents