Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections

In was in the course of preparing the 2013 edition of Loring and Rounds: A Trustee’s Handbook that the authors of the Handbook came to realize that something was structurally and substantively amiss with the newly-minted Restatement (Third) of Property’s power of appointment coverage. Questions and concerns mounted as they ploughed through the relevant sections of the Restatement. The authors had allocated several days to culling out new strands of content to be woven into the fabric of the Handbook. The exercise, however, ended up taking much, much longer, several months in fact, and resulted in a law review article. Charles E. Rounds, Jr., Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections, 26 Quinnipiac Probate Law Journal 240 (2013) gathers in one place the aforementioned questions and concerns. The law article is reprinted in its entirety below.