ABSTRACT

This chapter is concerned with the exercise of powers by will. A distinction may be drawn between general and special powers of appointment on the basis that in the case of the latter the function of the donee of the power is limited to that of an agent of the donor in selecting from a class already designated by the donor. The essential validity of an exercise by will of a special power of appointment in relation to movable property will be determined by the law governing the will. The construction of a will exercising a power of appointment is governed by the law intended by the donee which is presumed to be that of his domicile when the will was made. The exercise of a power of appointment by will over movable property is revoked if the will exercising the power is revoked in a manner which satisfies the law of the donee's domicile.