A Practical Treatise of Powers volume 1

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A Practical Treatise of Powers volume 1
Edward Burtenshaw Sugden
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He after- wards, of his own authority, granted a lease under his power; and the question between the assignee of the lessee and the grantee of the remainder-man under the settlement, after the death of the tenant for life, was, whether the operation of the first conveyance did not invalidate the lease. It was argued, 1. That the convey- ance (b) 3 Vin. Abr. 432, pi. 10; (c) Ren v. Bulkeley, Dougl.
and Corker v. Ennys, ib. 292.
POWERS APPENDANT. 59 ance rendered it impossible for the tenant for
...life to grant a lease which would take effect in possession.
2. That the conveyance had extinguished the power.
3. The general opinion of conveyancers was relied upon. Lord Mansfield did not hear the other side. He said that the creation, execution, and destruction of powers depend on the substantial intention and purpose of the parties. It was said, 1. That the grantor was not in possession, and that it was necessary he should be, to execute the power ; but he thought possession here meant the receipt of the rents and profits [the surplus only of] which were applied to his use.


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