...Powers must, further, be distinguished from trusts. In the language of Chief Justice Wilinot, powers are never imperative, they leave the act to be done...obligatory upon the conscience of the party intrusted. Powers and trusts, are, however, occasionally so blended, and partake so much of the nature and qualities...

...draws the following distinction: "Powers CAL. BHPS. XL1X — B Opinion of the Court — McKlnatry, 3. are never imperative; they leave the act to be done...and are obligatory upon the conscience of the party entrusted." (See Hill on Trustees, marginal page 67.) Now, in the case at bar, the fee simple title...

...non-execution of a mere naked power, which it is optional with the party to execute or not. These powers are never imperative; they leave the act to be done at the will of the party to whom they are given. But trusts are always imperative; and if it is to be effected by the execution of a power, equity will...

...law. Crabb, adopting a definition of Wilmot,69 states that powers differ from trusts in that powers are never imperative ; they leave the act to be done at the will of the party to whom they were given.70 At law powers were never imperative, but in equity when the power was for the benefit...

...and the interest of the tenant for life of the rents only equitable not subject to attachment. Powers are never imperative, they leave the act to be done at the will of the donee of the power. Trusts are always imperative, and are obligatory on the conscience of the party...

...the omission and give effect to the settlor's intentions. A mere power is not imperative ; it leaves the act to be done at the will of the party to whom it is given. ' ' It is perfectly clear that, where there is a mere power of disposing, and that power...

...himself lawfully perform.8 The distinction between a power and a trust is marked and obvious. Powers are never imperative; they leave the act to be done...given. Trusts are always imperative, and are obligatory on the conscience of the person intrusted.4 A power of appointment is not an absolute right of property...

..."inexécutable ; they are not powers, but trusts ; and there is a very essential difference between them. Powers are never imperative : they leave the act to be done...obligatory upon the conscience of the party intrusted. This Court supplies the defective execution of powers, but never the non-execution of them : for they...

...T^Jn^i^™' powers in the nature of trusts; for though "powers are never Sandys, 2 PW imperative, but leave the act to be done at the will of the party v var to whom they are given, trusts are always imperative, and are jun. 272. obligatory upon the conscience...

...and obvious. "Powers," as Lord Chief Justice Wilmot has said, "are never imperative." They leave acts to be done at the will of the party to whom they are...sometimes trusts and powers are blended; a man may be intrusted with a trust to be effective by the execution of a power given to him, which is in that case...