Montana § 70-20-403 Grant By Person With Power To Revoke -- Power Executed

Montana Statutes

§ 70-20-403 — Grant By Person With Power To Revoke -- Power Executed

Montana § 70-20-403

Title 70PROPERTY

Ch. 20TRANSFER OF REAL PROPERTY

Part 4Fraudulent Conveyances

This text of Montana § 70-20-403 (Grant By Person With Power To Revoke -- Power Executed) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-20-403 (2026).

Text

70-20-403 . Grant by person with power to revoke -- power executed.

(1)When a power to revoke or modify an instrument affecting the title to or enjoyment of an estate in real property is reserved to the grantor or given to any other person, a subsequent grant of or charge upon the estate by the person having the power of revocation in favor of a purchaser or encumbrancer for value operates as a revocation of the original instrument, to the extent of the power, in favor of the purchaser or encumbrancer.

(2)When a person having a power of revocation within the provisions of subsection (1) is not entitled to execute it until after the time at which the person makes the grant or charge as described in that subsection, the power is considered to be executed as soon as the person is entitled t

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70-20-403 . Grant by person with power to revoke -- power executed. (1) When a power to revoke or modify an instrument affecting the title to or enjoyment of an estate in real property is reserved to the grantor or given to any other person, a subsequent grant of or charge upon the estate by the person having the power of revocation in favor of a purchaser or encumbrancer for value operates as a revocation of the original instrument, to the extent of the power, in favor of the purchaser or encumbrancer.
(2) When a person having a power of revocation within the provisions of subsection (1) is not entitled to execute it until after the time at which the person makes the grant or charge as described in that subsection, the power is considered to be executed as soon as the person is entitled to execute it.

Legislative History

(1)En. Sec. 3, p. 492, Bannack Stat.; re-en. Sec. 3, p. 392, Cod. Stat. 1871; re-en. Sec. 157, 5th Div. Rev. Stat. 1879; re-en. Sec. 214, 5th Div. Comp. Stat. 1887; amd. Sec. 1652, Civ. C. 1895; re-en. Sec. 4690, Rev. C. 1907; re-en. Sec. 6941, R.C.M. 1921; Cal. Civ. C. Sec. 1229; Field Civ. C. Sec. 537; re-en. Sec. 6941, R.C.M. 1935; Sec. 29-203, R.C.M. 1947; (2)En. Sec. 1653, Civ. C. 1895; re-en. Sec. 4691, Rev. C. 1907; re-en. Sec. 6942, R.C.M. 1921; Cal. Civ. C. Sec. 1230; Field Civ. C. Sec. 538; re-en. Sec. 6942, R.C.M. 1935; Sec. 29-204, R.C.M. 1947; R.C.M. 1947, 29-203, 29-204; amd. Sec. 2154, Ch. 56, L. 2009.