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Powe R

power, powers, person, ed, authority and estate

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POWE R. The right, ability, or faculty of doing something.

The distinction between "power" and "right," whatever may be its value in ethics, in law is very shadowy and unsubstantial. He who has legal power to do anything has the legal right; Com. v. McManus, 193 Pa. 64, 21 Atl. 1018, 22 Atl. 761, 14 L. R. A. 89.

Technically, an authority by which one person enables another to do some act for him. 2 Lilly, Abr. 339.

Powers are those which are re ceived from another. This division includes all the powers technically so called. They are of the following classes : Coupled with, an interest, being a right or authority to do some act, together with an interest in the subject on which the power is to be exercised. Marshall, C. J., Hunt v. Rousmanier, 8 Wheat. (U. S.) 203, 5 L. Ed. 589; and the interest coupled with a power in order to make it irrevocable, must be an interest in the thing itself ; Missouri v. Walker, 125 U. S. 342, 8 Sup. Ct., 929, 31 L. Ed. 769.

A power rof this class survives the person creating it, and, in case of an excess in exe cution, renders the act valid so far as the authority extends, leaving it void as to the remainder only. It includes powers of sale conferred on a mortgagee.

Naked, being a right of authority discon nected from any interest of the donee in the subject-matter. Bloomer v. WaldrOn, 3 Hill (N. Y.) 365. In the case of a naked power not coupled with an interest the law requires that every prerequisite to the ex ercise of that power should precede it; Wil liams v. Peyton, 4 Wheat. (U. S.) 77, 4 L. Ed. 518; Deputron v. Young, 134 U. S. 256, 10 Sup. Ct. 539, 33 L. Ed. 923. A naked power given to several persons cannot be executed by the survivors ; 16 Beay. 233.

Inherent Powers. Those which are enjoy ed by the possessors of natural right, with out having been received from another. Such are the powers of a people to establish a form of government, of a father to control his children. Some of these are regulated and restricted in their exercise by law, but are not technically considered in the law as powers.

Powers under the Statute of Uses. An au thority enabling a person, through the me dium of the statute of uses, to dispose of an interest in real property, vested either in. himself or another person.

Methods of causing a use, with its accom panying estate, to spring up at the will of a given person. Will. R. P., 16th ed. 333; 2 Washb. R. P. 300.

The right to designate the person who is to take a use. Co. Litt. 271 b, Butler's note, 231, § 3, pl. 4.

A right to limit a use. 4 Kent 334.

An authority to do some act in relation to lands, or the creation of estates therein, or of charges thereon, which the owner granting or reserving such power might himself lawfully perform.

Powers are distinguished as— Appendant. Those which the donee is au thorized to exercise out of the estate limited to him, and which depend for their validity upon the estate which is in him. 2 Washb. R. P. 304. A life-estate limited to a man, with a power to grant leases in possession, is an example. 1 Cal. Cas. 15; Sugd. Pow. 107; Burton, R. P. § 179.

Of appointment. Those which are to cre ate new estates.. Distinguished from powers of revocation.

Collateral. Those in which the donee has no estate in the, land. 2 Washb. R. P. 305.

General. Those by which the donee is at liberty to appoint to whom he pleases.

In gross. Those which give a donee, who has an estate in the land, authority to create such estates only as will not attach on the interest limited to him or take effect out of his own interest. Wilson v. Troup, 2 Cow. (N. Y.) 236, 14 Am. Dec. 458. Tudor, Lead. Cas. 293.

Of revocation. Those which are to di vest or abridge an existing estate. Dis tinguished from those of appointMent ; but the distinction is of doubtful exactness, as every new appointment must divest or re yoke a former use. Sanders, Uses 154.

As to the effect of the insertion of a power of revocation, either single or in connection with one of appointment, see Styles 389 ; 2 Washb. R. P. 307.

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