Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A person designated to receive appointive property under an exercise of a power of appointment. An appointment to a permissible appointee becomes ineffective to the extent it is conditioned on conferring a benefit on an impermissible appointee or is otherwise motivated to benefit such a person.
A person designated to receive appointive property under an exercise of a power of appointment. An appointment to a permissible appointee becomes ineffective to the extent it is conditioned on conferring a benefit on an impermissible appointee or is otherwise motivated to benefit such a person.
Select any source to read its text and confirm it supports the definition.
A person selected or designated to fill a particular position or perform a specified function.
Select any source to read its text and confirm it supports the definition.
A person selected or designated to fill a particular position or perform a specified function.
Each sense below has its own examples, sources, and questions.
Alfred Ashford held a nongeneral power to appoint trust assets among his children. In his will he appointed the assets to his daughter Ariana Azizi but only on the condition that she first pay a substantial sum to his business creditor Atlas Ventures. Because the condition required Ariana to confer a benefit on an impermissible appointee, the appointment is ineffective.
An appointment is ineffective to the extent it is conditioned on the appointee conferring a benefit on an impermissible appointee, subject to a charge in favor of such a person, or motivated in any other way to benefit an impermissible appointee.
Supporting sources
An appointee is the person in whose favor the power is actually exercised and who receives the appointive property.
In the fiduciary context the term refers to a person selected to serve as trustee or guardian. In the donative-transfer context it refers to the recipient of property under an exercised power.
Supporting sources
Ava Adebayo and Anthony Arnold formed a joint venture to develop property. Ava assigned her share of future profits to her spouse Audrey Ashton so that checks would be sent directly to Audrey. The assignment operated as an appointment of profits to Audrey as appointee while the underlying venture relationship remained unchanged.
…to lower the plaintiff’s tax by taking income out of his return and adding it to the return to be made by his wife. She was the appointee of the profits, to whom checks were to be remitted. Beyond that, the relation was to be the same as it had been. No one dreamed for a moment that the enterprise was to be wound up, or that…