Blacks Law Dict. 1st ed

920

POWER OF APPOINTMENT

POURVEYANOB

that which is produced by the exercise of the power1 We hold it to be clear that the interest which can protect a power after the death of a person who creates it must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. "A power coupled with an interest "is a power which accompanies or is connected with an inter est. The power and the interest are united in the same person. But, if we are to understand by the word "interest" an interest in that which is to be produced by the exercise of the power, then they are never united. The power to produce the in terest must be exercised, and by its exercise is ex tinguished. The power ceases when the interest commences, and therefore cannot, in accurate law language, be said to be "coupled" with it 8 Wheat 204 POWER OP APPOINTMENT. A power or authority conferred by one person by deed or will upon another (called the "do nee") to appoint, that is, to select and nom inate, the person or persons who are to re ceive and enjoy an estate or an income there from or from a fund, after the testator's death, or the donee's death, or after the ter mination of an existing right or interest. Powers are either: Collateral, which are given to strangers; i. e., to persons who have neither a present nor future estate or interest in the land. These are also called simply "collateral," or pow ers not coupled with an interest, or powers not be ing interests. These terms have been adopted to obviate the confusion arising from the circum stance that powers in gross have been by many called powers collateral. Or relating to the land. These are called "appendant" or "appurtenant, * because they strictly depend upon the estate lim ited to the person to whom they are given. Thus, where an estate for life is limited to a man, with a power to grant leases in possession, a lease granted under the power may operate wholly out of the life-estate of the party executing it, and must in every case have its operation out of his es tate during his life. Such an estate must be cre ated, which will attach on an interest actually vested in himself. Or they are called "in gross," if given to a person who had an interest in the es tate at the execution of the deed creating the power, or to whom an estate is given by the deed, but which enabled him to create such estates only as will not attach on the interest limited to him. Of necessity, therefore, where a man seised in fee set tles his estate on others, reserving to himself only a particular power, the power is in gross. A power to a tenant for life to appoint the estate after his death among his children, a power to jointure a wife aft er his death, a power to raise a term of years to commence from his death, for securing younger children's portions, are all powers in gross. An important distinction is established between gen eral and particular powers. By a general power we understand a right to appoint to whomsoevei the donee pleases. By a particular power it is meant that the donee is restricted to some objects designated in the deed creating the power, as to his own children. Wharton. We have seen that a general power is beneficial

POURVEYANCE. In old English law. The providing corn, fuel, victual, and other necessaries for the king's house. Cowell. POURVEYOR, or PURVEYOR. A buyer; one who provided for the royal house hold. POUSTIE. In Scotch law. Power. See LIEGE .?OUSTIE. A word formed from the Latin "potestas." POVERTY AFFIDAVIT. An affidavit, made and filed by one of the parties to a suit, that he is not able to furnish security for the final costs. The use of the term is confined to a few states. 36 Kan. 263, 13 Pac. Rep. 275. POWER. A power is an authority to do some act in relation to real property, or to the creation or revocation of an estate therein, or a charge thereon, which the own er granting or reserving such power might himself perform for any purpose. Civil Code Dak. § 298; How. St. Mich. § 5591. "Power" is sometimes used in the same sense as "right," as when we speak of the powers of user and disposition which the owner of property has over it, but, strictly speaking, a power is that which creates a special or exceptional right, or enables a person to do something which he could not other wise do. Sweet. Technically, an authority by which one person enables another to do some act for him. 2 Lil. Abr. 339. An authority enabling a person to dispose, through the medium of the statute of uses, of an interest, vested either in himself or in another person. Sugd. Powers, 82. An au thority expressly reserved to a grantor, or expressly given to another, to be exercised over lands, etc., granted or conveyed at the time of the creation of such power. Watk. Conv. 157. A proviso, in a conveyance un der the statute of uses, giving to the grantor or grantee, or a stranger, authority to re voke or alter by a subsequent act the estate first granted. 1 Steph. Comm. 505. See POWER OF APPOINTMENT. POWER COUPLED WITH AN IN TEREST. By this phrase is meant a right or power to do some act, together with an interest in the subject-matter on which the power is to be exercised. It is distinguished from a naked power, which is a mere au thority to act, not accompanied by any inter est of the donee in the subject-matter of the power. Is it an interest in the subject on which the power is to be exercised, or is it an interest in

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