Troy v. . Troy

The will gives an estate to Mrs. Troy for life, with a remainder in fee to the infant son, subject to a power of sale by her in respect to all and every part of the property, in the event that, in her judgment, it should be necessary. This is a power appurtenant to her life estate; and the estate which may be created by its exercise will take effect out of the life estate given to her, as well as out of the remainder.

A power of this description is construed more favorably than a naked power given to a stranger, or a power appendant, because, as its exercise will be in derogation of the estate…