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power of appointment A power which enables the donee to create or modify estates or interests in property. It confers the right of alienation as opposed to that of enjoyment; that is, the power enables the donee to declare in whom and in what manner the property is to vest, but gives him no right of ownership over it. A power was said to be legal when it passed the legal estate in land, and equitable when it passed in equitable estate or interest. Legal powers are (a) appendant or appurtenant when the donee has an estate in in the land and the power is to take effect wholly or in part uut of that estate; (b) in gross, where the donee may exercise the power for his own benefit; (c) collateral or naked, where he cannot. |