Tennessee § 66-1-106 - Estate with unlimited power of disposition.

§ 66-1-106. Estate with unlimited power of disposition.

When the unlimited power of disposition, qualified or unqualified, not accompanied by any trust, is given expressly, in any written instrument, to the owner of any particular estate for life or years, legal or equitable, such estate is changed into a fee absolute as to right of disposition, and rights of creditors and purchasers, but subject to any future estate limited thereon or executory devise thereof, in event and so far as the power is not executed or the property sold for the satisfaction of debts during the continuance of the particular estate; provided, that any proceeds from the sale of such estate, not needed for the satisfaction of the debts of such owner during the continuance of the particular estate, shall be held in trust by such owner for the beneficiaries of the remainder interest and the purposes stated in such written instrument. Code 1932, §§ 7603, 8093; Acts 1981, ch. 450, § 1; T.C.A. (orig. ed.), § 64-106. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 162, 432, 999. Tennessee Jurisprudence, 11 Tenn. Juris., Estates, § 8; 21 Tenn. Juris., Remainders, Reversions and Executory Interests, §§ 17, 28; 25 Tenn. Juris., Wills, §§ 132, 135, 138. Law Reviews. Survey of Tennessee Property Law, IV. Transfers of Land (Beverly A. Rowlett), 48 Tenn. L. Rev. 72 (1980).