§ 28 — Method of release

Massachusetts § 28

• Jurisdiction: Massachusetts
• Part II: REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
• Title II: DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
• Ch. 204: GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC., BY EXECUTORS, ETC.

Text

Section 28. A power releasable according to section twenty-seven, or under common law, may be released, wholly or partially, by the delivery of a written release executed by the donee of the power for consideration or under seal to any person who could be adversely affected by the exercise of the power, or to any person who alone or with another or others holds in trust property subject to the power, or, in the case of a power created by will, by the filing of such release in the registry of probate in the county in which such will was proved or allowed. No release of a power of appointment shall be valid as to land in the commonwealth subject to such power, except as against the releasor and persons having actual notice of the release, unless (a) in case of a power created by will or other written instrument, the release is acknowledged in the manner required in the case of deeds of land to entitle them to be recorded and is recorded in the registry of deeds for the county or district in which the land lies or, in the case of registered land, is filed and registered in the office of the assistant recorder for the registry district where the land lies or (b) in case of a power created by will, the release is filed in the registry of probate in the county in which such will was proved or allowed.