3. The execution must be in the manner prescribed, hy the proper person, see AP POINTMENT, and cannot be by an assignee, 2 Washburn, Real Prop. 321, unless author ized by the limitation, 4 Cruise, Dig. 211, or unless an interest be coupled with the power, 2 Cow. N. Y. 236 ; 8 Wheat. 203 ; nor by a successor, as on the death of an executor. 13 Metc. Mass. 220. See 1 Bail. Eq. So. C. 392; 6 Rand. Va. 593. As to whether a sale by a donee who has also an estate in the land is held to be an execution of the power, see 2 Washburn, Real Prop. 325 ; Tudor, Lead, Cas. 306 ; 1 Atk. 440 ; 5 Barnew. & C. 720 ; 6 Coke, 18 ; 8 Watts, Penn. 203 ; 16 Penn. St. 25.
Where an exact execution is impossibls under authority of court, it may be executed as near as may be (cy-pres) to carrying out the donor's intention. 2 Term, 241 ; 4 Ves. Ch. 681 ; 5 Sim. Ch. 632 ; 3 Wash. C. C. 12.
It must be niade at a proper time, and, where several powers are given over different parts of the same estate, in proper succes sion. 1 Coke, 174 ; 1 W. Blacket. 281.
Equity will compel the donee to execute a power where it is coupled with a trust in which other persons are interested, Story, Eq. Jur. 1062, and to correct a formal de fect in the manner of execution. Ambl. 687 ; 2 P. Will. 489, 622 ; 2 Mas. C. C. 251; 3 Edw. Ch. N. Y. 175.
4. The suspension or destruction of a power may sometimes happen by a release by the donee, by an alienation of his estate, by hie death. and by other circumstances.
An appendant power may be suspended by a conveyance of his interest by the donee, 4 Cruise, Dig. 221; Dougl. 477 ; Croke Car. 472 ; 4 Bingh. N. c. 734 ; 2 Cow. N. Y. 237; and may be extinguished by such conveyance, 2 Barnew. & Ald. 93 ; 10 Ves. Ch. 246, or by a release. 1 Russ. & M. 431, 436, n.; 1 Coke, 102 b ; 2 Washburn, Real Prop. 308.
A power in gross may be released to one having _the freehold in possession, reversion, or remainder, and not by any other act of the donee. Tudor, Lead. Cas. 294 ; Burton, Real Prop. 176; Chance, Pow. 3172 ; Hardr. 416; 1 P. Will. Ch. 777.
A collateral power cannot be suspended or destroyed by act of the donee. F. Moore, 605 ; 5 Mod. 457. And see 1 Russ. & M. Ch. 431; 13 Mete. Mass. 220.
Impossibility of immediate vesting in in terest or possession does not suspend or ex tinguish a power. 2 Bingh. 144.
Consult Burton, Labor, Flintoff, Wash burn Williams, Real Property ; Chance, Sugden, Powers ; Fearne, Contingent Re mainders ; Tudoi, Leading Cases • Cruise, Digest, Greenleaf's ed.; Gilbert, 'Sugden's ed. ; Sanders, Uses ; Kent, Commentaries ; Watkins, Conveyancing.