Power in United States

Power Definition

The right, ability, or faculty of doing something. An authority by which one person enables another to do some act for him. 2 Lilly, Abr. 339. In a more technical sense, an authority vested in one person to dispose of an estate which is vested in another.
(1) Inherent powers are those which are enjoyed by the possessors of natural right, without having been received from another. Such are the powers of a people to establish a form of government, of a father to control his children. Some of these are regulated and restricted in their exercise by law, but are not technically considered in the law as powers.
(2) Derivative powers are those which are received from another. This division includes all the powers technically so called. They are of the following classes: a) Naked, being a right of authority disconnected from any interest of the donee in the subject matter. 3 Hill (N. Y.) 365. (b) Coupled with an interest, being a right or authority to do some act, together with an interest in the subject on which the power is to be exercised, Marshall, C. J., 8 Wheat. (U. S.) 203. A power of this class survives the person creating it, and, in case of an excess in execution, renders the act valid so far as the authority extends, leaving it void as to the remainder only. It includes powers of sale conferred on a mortgagee. Powers under the Statute of Uses. An authority enabling a person, through the medium of the statute of uses, to dispose of an interest in real property, vested either in himself or another person. 52 N. Hamp. 271. Methods of causing a use, with its accompanying estate, to spring up at the will of a given person. Williams, Real Prop. 245; 2 Washb. Real Prop. 300. The right to designate the person who is to take a use. Co. Litt. 271b, Butler’s note, 231, § 3, pi. 4. A right to limit a use. 4 Kent, Comm. 334. An authority to do some act in relation to lands, or the creation of estates therein, or of charges thereon, which the owner granting or reserving such power might himself lawfully perform. Rev. St. N. Y. Powers are divided generally into powers of appointment, being those which are to create new estates and powers of revocation, which are to divest or abridge an existing estate. But as every appointment must divest an existing estate, the distinction is of doubtful exactness. They are distinguished as:
(1) Appendant, being those which the donee is authorized to exercise out of the estate limited to him, and which depend for their validity upon the estate which is in him. 2 Washb. Real Prop. 304. A life estate limited to a man, with a power to grant leases in possession, is an example. Hardr. 416; 1 Caines, Cas. (N. Y.) 15; Sugd. (Pow. Ed. 1856) 107; Burton, Real Prop. § 179.
(2) Collateral, being those in which the donee has no estate in the land. 2 Washb. Real Prop. 305.
(3) General, being those by which the donee is at liberty to appoint whom he pleases.
(4) Special, being those in which the donee is restricted to an appointment to or among particular objects only. 2 Washb. Real Prop. 307.
(5) In gross, being those which give a donee, who has an estate in the land, authority to create such estates only as will not attach on the interest limited to him, or take effect out of his own interest. 2 Cow. (N. Y.) 236; White & T. Lead. Cas. 293; Watk. Conv. 260.
(6) Beneficial, when by its terms no person other than the donee has any interest in its execution. See “Beneficial Power.”
(7) In trust, when any person or class of persons is designated to receive the benefit. Designation of Parties. The person bestowing a power is called the “donor;” the person on whom it is bestowed is called the “donee;” the person who receives the estate by appointment of the donee is called the “appointee.” When referred to in connection with the appointee, the donee is sometimes called the “appointor.” By statute in New York, the term “grantor of a power” is used to denote the person by whom a power is created, and “grantee of a power” to denote the person in whom it is vested. 4 Rev. St. N. Y. § 135, p. 2451.

Power in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Power

Scan Power in the appropriate area of law:

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

The right, ability, or faculty of doing something. An authority by which one person enables another to do some act for him. 2 Lilly, Abr. 339. In a more technical sense, an authority vested in one person to dispo
se of an estate which is vested in another.
(1) Inherent powers are those which are enjoyed by the possessors of natural right, without having been received from another. Such are the powers of a people to establish a form of government, of a father to control his children. Some of these are regulated and restricted in their exercise by law, but are not technically considered in the law as powers.
(2) Derivative powers are those which are received from another. This division includes all the powers technically so called. They are of the following classes: a) Naked, being a right of authority disconnected from any interest of the donee in the subject matter. 3 Hill (N. Y.) 365. (b) Coupled with an interest, being a right or authority to do some act, together with an interest in the subject on which the power is to be exercised, Marshall, C. J., 8 Wheat. (U. S.) 203. A power of this class survives the person creating it, and, in case of an excess in execution, renders the act valid so far as the authority extends, leaving it void as to the remainder only. It includes powers of sale conferred on a mortgagee. Powers under the Statute of Uses. An authority enabling a person, through the medium of the statute of uses, to dispose of an interest in real property, vested either in himself or another person. 52 N. Hamp. 271. Methods of causing a use, with its accompanying estate, to spring up at the will of a given person. Williams, Real Prop. 245; 2 Washb. Real Prop. 300. The right to designate the person who is to take a use. Co. Litt. 271b, Butler’s note, 231, § 3, pi. 4. A right to limit a use. 4 Kent, Comm. 334. An authority to do some act in relation to lands, or the creation of estates therein, or of charges thereon, which the owner granting or reserving such power might himself lawfully perform. Rev. St. N. Y. Powers are divided generally into powers of appointment, being those which are to create new estates and powers of revocation, which are to divest or abridge an existing estate. But as every appointment must divest an existing estate, the distinction is of doubtful exactness. They are distinguished as:
(1) Appendant, being those which the donee is authorized to exercise out of the estate limited to him, and which depend for their validity upon the estate which is in him. 2 Washb. Real Prop. 304. A life estate limited to a man, with a power to grant leases in possession, is an example. Hardr. 416; 1 Caines, Cas. (N. Y.) 15; Sugd. (Pow. Ed. 1856) 107; Burton, Real Prop. § 179.
(2) Collateral, being those in which the donee has no estate in the land. 2 Washb. Real Prop. 305.
(3) General, being those by which the donee is at liberty to appoint whom he pleases.
(4) Special, being those in which the donee is restricted to an appointment to or among particular objects only. 2 Washb. Real Prop. 307.
(5) In gross, being those which give a donee, who has an estate in the land, authority to create such estates only as will not attach on the interest limited to him, or take effect out of his own interest. 2 Cow. (N. Y.) 236; White & T. Lead. Cas. 293; Watk. Conv. 260.
(6) Beneficial, when by its terms no person other than the donee has any interest in its execution. See “Beneficial Power.”
(7) In trust, when any person or class of persons is designated to receive the benefit. Designation of Parties. The person bestowing a power is called the “donor;” the person on whom it is bestowed is called the “donee;” the person who receives the estate by appointment of the donee is called the “appointee.” When referred to in connection with the appointee, the donee is sometimes called the “appointor.” By statute in New York, the term “grantor of a power” is used to denote the person by whom a power is created, and “grantee of a power” to denote the person in whom it is vested. 4 Rev. St. N. Y. § 135, p. 2451.

This definition of Power is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Concept of Power in Constitutional Law

The following is a very basic definition of Power in this context: Authority to take action; the right to decide