Power

A power is, in a general sense of the word common in jurisprudence, any authority which one gives to another to act for him; as in speaking of the powers of an agent, or of a corporation; of a power of attorney, &c. In a more technical sense, in conveyancing, it signifies an authority vested in one person to dispose of an estate which is vested in another. Powers are either common-law authorities, declarations, or directions, operating only on the conscience of the persons in whom the legal interest is vested, or declarations or directions deriving their effect from the statute of uses. A power given by a will to A, an executor, to sell an estate, to whom no estate is devised, and a power given by an act of parliament to sell estates, as in the instance of the land-tax redemption acts, are both common-law authorities. The estate passes by force of the will or act of parliament, and the person who executes the power merely nominates the party to take the estate. A power of attorney is also a common-law authority. A power to dispose of an estate or sum of money, of which the legal estate is vested in another, is a power of the second sort. The legal interest is not divested by the execution of the power; but equity "will compel the persons seised of it to clothe the estate created with the legal right. Powers deriving their effect from the statute of uses are either given to a person who has an estate limited to him by the deed the deed, or to a stranger, to whom no estate is given, but the power is to be exercised for his own benefit, or to a mere stranger to whom no estate is given, and the power is for the benefit of others. 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 powers not coupled with an interest, or powers not being interests. These terms have been adopted to obviate the confusion arising from the circumstance 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 limited 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 estate during his life. Such an estate must be created, 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 estate 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 settles 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 amongst his children, a power to jointure a wife after 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. A power may, with reference to the particular estates in the land over which it extends, have different aspects; it may, in regard to one, be a power appendant, in respect to the other, a power in gross. Thus, where an estate is settled to A for life, remainder to B in tail, remainder to A in fee, and A has a power to jointure his wife after his death, this power is in gross as to the estate for life, but appendant or appurtenant as to the remainder in fee. It may affect the latter, but never can attach on the former. An important distinction is established between general and particular powers. By a general power, we understand a right to appoint to whomsoever 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.

Powers by the common law were divided into two sorts: naked powers or bare auhis executors shall sell his land, this power is a naked one; that is, the power which the testator so gives to his executors to sell his land is simply a power, and does not vest any interest in the land in the executors; whereas, if a man devises lands to his executors to be sold, this is a power coupled with an interest. The word power retains the same meaning when coupled with other words; thus, a power of attorney, or letter of attorney, signifies an authority which one man gives to another to act for him: and these powers are perhaps of the most frequent occurrence, being resorted to whenever circumstances are likely to occur to prevent a party doing the act desired to be done himself; as, for instance, if it were necessary that a person should sign a deed next week, but which he could not do, being obliged to set out upon a voyage to a foreign country before that time, in this case he might authorize some other person to do it for him, and the instrument by which he would confer that authority would be a power of attorney. Powers are otherwise arranged in the following threefold division; namely, powers simply collateral; powers not simply collateral, but being either, appendant or annexed to an estate, or in gross, not being incident to any estate. A power simply collateral is one which is not, and has never been, annexed to an estate; all other powers are either so annexed, or having once been so have become disannexed, in which latter case they are said to be powers in gross. Where the donee of a power to appoint lands is also the fee-simple owner of the lands, he may convey the lands for any estate, cither in exercise of his power or in virtue of his estate; but, having done so in either of these two ways, he cannot afterwards make any conveyance in the other way; which would be in derogation of his first conveyance, which for that reason is said to have either suspended or extinguished his power, according to the quantity of the estate which he has already created.

Broum

Power and authority. Where a statute confers a power upon a corporation to be exercised for the public good, the exercise of the power is not merely discretionary, but imperative, and the words power and authority, in such case, may be construed duty and obligation.

Coimty Commissioners of Anne Arundel County v. Duckett, 20 Md. 468.

Power of appointment. An authority conferred upon some person to direct, that is, appoint, the person or persons ■who shall receive and enjoy landed property or the income of a fund, after the existing estate or right to the income shall have determined. authority of an agent is set forth, when formal written evidence of them is desired; otherwise called letter of attorney. Attorney, in this phrase, signifies agent; attorney in fact, not attorney at law.