In re the Estate of Stephens

John M. Keane, S.

It is not likely that the cunning conveyancer in the 15th century or earlier, who first conceived the idea of a “ feoffment to such uses as the feoffor should appoint by will”, envisioned some of the collateral offspring of the concept which we characterize today as a power of appointment. At its inception, the dominant purpose was to circumvent restrictive laws relating to real property. (See 5 American Law of Property — Part 23, pp. 459-479.)

Interestingly enough, its most publicized use today retains the basic concept of circumvention — only this time the villain is most…