power of appointment

A power created or reserved by a person having property subject to disposition, enabling the donee of the power to designate transferees of the property or shares in which it will be received; esp., a power conferred on a donee by will or deed to select and determine one or more recipients of the donor’s estate or income.

• If the power is exercisable before the donee’s death, it is exercisable wholly in favor of the donee. If the power is testamentary, it is exercisable wholly in favor of the donee’s estate. — Often shortened to power.

— Also termed enabling power. [Cases: Powers 19; Wills 589. C.J.S. Powers §§ 15–16.]


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