By this phrase is meant a right or power to do some act, together with an interest in the subject-matter on which the power is to be exercised. It is distinguished from a naked power, which is a mere authority to act, not accompanied by any interest of the donee in the subject-matter of the power. Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear that the interest which can protect a power after the death of a person who creates it must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. “A power coupled with an interest” is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But, if we are to understand by the word “interest” an interest in that which is to be produced by the exercise of the power, then they are never united. The power to produce the interest must be exercised, and by its exercise is extinguished. The power ceases when the interest commences, and therefore cannot, in, accurate law language, be said to be “coupled” with it. Hunt v. Rousmaniere, 8 Wheat. 203, 5 L. Ed. 5S9. And see Missouri v. Walker, 125 U. S. 339. 8 Sup. Ct. 929, 31 L Ed. 709: Griffith v. Maxfield, 60 Ark. 513. 51 S. W. S32; Johnson v. Johnson. 27 S. C. 309. 3 S. E. 600, 13 Am. St. Rep. 636; Yeates v. Pryor. 11 Ark. 78; Alworth v. Seymour. 42 Minn. 526. 44 N. W. 1030; Hunt v. Ennis, 12 Fed. Cas. 915.
What is POWER COUPLED WITH AN INTEREST?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- What is the Security Exchange Commission?
- Restitution Law – What it is, How to Avoid it, and Tips on Asking for It
- Should I Freeze My Credit?
- Living Will – The Pros & Cons You Need to Know
- What does it mean to be acquitted?
- Forming an LLC in Missouri
- Double Jeopardy Law
- How To Take Someone To Small Claims Court
- What is Jury Nullification?
- Guide to Court Ordered Mediation
- What Is A Police Welfare Check?
- Best Way to Find Someone in Jail for Free
- How to Transfer a Car Title When The Owner Is Deceased
- How To Find A Name & Address Using A License Plate Number
- Best Way to Write a Professional Letter to a Judge
- How To Find An Inmate’s Release Date
- What Can You Do At 18 Legally?
- Signing a Letter on Someone Else’s Behalf
- How Do You Look up License Plate Numbers?
- Why Do Policemen Touch Your Tail Light When They Pull You Over?