Sol Bell devised an estate “to Ellen Bell, for and during Robert’s life, and at Robert’s
death to his heirs in fee, all subject to a power in Robert to appoint to himself or any other
person during his lifetime.” — This creates a presently exercisable general power
English courts have held that the courts of equity will not aid creditors in case there is a
non-execution of the power. But where there has been a defective execution, the court
will supply the defective execution of the power in favor of a purchaser, creditor, wife or
child. And, where the power has been executed in favor of a volunteer, the court will
seize the fund and apply it to the satisfaction of the debts of the donee of the power.
No title or interest in the thing vests in the donee of the power until he exercises the
power. It is virtually an offer to him of the estate or fund, that he may receive or reject at
will, and like any other offer to donate property to a person, no title can vest until he
accepts the offer, nor can a court of equity compel him to accept the property or fund
against his will, even for the benefit of creditors. Therefore, Bell had no interest in the
property and that no relief can be granted.
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