Also known as: donors · donor's · donors' · grantor
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A person who creates or reserves a power of appointment. The donor determines the permissible appointees by expressly designating them in the instrument creating the power.
A person who creates or reserves a power of appointment. The donor determines the permissible appointees by expressly designating them in the instrument creating the power.
Delilah Duran created a power of appointment in a trust instrument and conveyed property subject to it. After the buyer accepted the deed, the son sought to enforce an omitted term against Delilah as donor. The court held that merger discharged the contractual promise, leaving only the deed's covenants to measure the donor's obligations.
Deanna Davenport received a deed from a common grantor that reserved a power of appointment recorded only in a stranger's chain. A later purchaser claimed the power bound the donor's successors. The court ruled the power lay outside the chain of title, so the donor's reservation gave no constructive notice to subsequent buyers.
An individual who provides gametes intended for use in assisted reproduction. Genetic testing may not be used to establish the parentage of a donor.
Diego Duarte assigned a security interest in fixtures. The filing office indexed the assignment under the name of the assignor as grantor. The donor of gametes under a separate assisted-reproduction agreement retained no further rights once the assignment was properly recorded.
Denise Donovan provided eggs for assisted reproduction under a written agreement that preserved no parental rights. Years later she sought to establish parentage through genetic testing. The court refused the request because testing cannot establish the parentage of a donor.
An individual who provides gametes intended for use in assisted reproduction. Genetic testing may not be used to establish the parentage of a donor.
Each sense below has its own examples, sources, and questions.
Dolores Diaz exercised a power of appointment in her will. A devisee who was a descendant of the donor predeceased her. The probate court applied the anti-lapse statute to create a substitute gift because the devisee qualified as a descendant of the donor of the power.
Darius Dixon created a power of appointment over an engagement ring given to his fiancée. When the marriage did not occur, the fiancée refused to return it. The court treated the donor's gift as conditioned on the marriage and ordered return of the ring after weighing the donor's intent and the absence of fraud.
The donor is the person who creates or reserves the power of appointment in the instrument. The donor designates the permissible appointees and determines the scope of the power.
An engagement gift must be returned if the marriage does not occur. Courts examine the donor's intent and whether the gift was conditioned on the marriage taking place.
The donor's actual donative intent controls the interpretation of a will or other donative instrument. Courts give that intent effect to the maximum extent the law permits.
A donor of gametes has no parental rights unless a written agreement preserves them. Genetic testing cannot be used to establish parentage of a donor.
…of the property and that judgment be entered divesting title out of petitioners Shelley and revest-ing title in the immediate grantor or in such other person as the court should direct. The trial court denied the requested relief on the ground that the restrictive agreement, upon which respondents based their action, had…