Alabama § 35-4-292 Effect of Grant of Absolute Power

Alabama Statutes

§ 35-4-292 — Effect of Grant of Absolute Power

Alabama § 35-4-292

Title 35Property

Ch. 4Conveyances and Creation of Estates

Art. 12Powers

This text of Alabama § 35-4-292 (Effect of Grant of Absolute Power) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-4-292 (2026).

Text

(a)When an absolute power of disposition, not accompanied by any trust, is given to the owner of a particular estate for life or years, such estate is changed into a fee absolute, as to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power is not executed or the lands sold for the satisfaction of debts during the continuance of such particular estate.

(b)When a like power of disposition is given to any person to whom no particular estate is limited, such person also takes a fee, subject to any future estate which may be limited thereon; but absolute in respect to creditors and purchasers.

(c)In all cases where such absolute power of disposition is given, not accompanied by any trust, and no remainder is limited on the estate of the

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(a) When an absolute power of disposition, not accompanied by any trust, is given to the owner of a particular estate for life or years, such estate is changed into a fee absolute, as to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power is not executed or the lands sold for the satisfaction of debts during the continuance of such particular estate.
(b) When a like power of disposition is given to any person to whom no particular estate is limited, such person also takes a fee, subject to any future estate which may be limited thereon; but absolute in respect to creditors and purchasers.
(c) In all cases where such absolute power of disposition is given, not accompanied by any trust, and no remainder is limited on the estate of the donee of the power, he has an absolute fee.

Legislative History

(Code 1852, §§1325-1327; Code 1867, §§1595-1597; Code 1876, §§2204, 2206; Code 1886, §§1850-1852; Code 1896, §§1046-1048; Code 1907, §§3423-3425; Code 1923, §§6928-6930; Code 1940, T. 47, §§76-78.)