WVC 36 - 1 - 16
§36-1-16. Interest in property coupled with power of disposal.
If any interest in or claim to real or personal property be
given by sale or gift inter vivos or by will to one, with a
limitation over either by way of remainder or of executory devise
or any other limitation, and by the same conveyance or will there
be conferred, expressly or by implication, a power upon the first
taker in his lifetime or by will to use or dispose absolutely of
such property, the limitation over shall not fail or be defeated
except to the extent that the first taker shall have lawfully
exercised such power of disposal. The proceeds of a disposal
under such power shall be held subject to the same limitations
and the same power of use or disposal as the original property,
unless a contrary intent shall appear from the conveyance or
will: Provided, however,
That a trust deed or mortgage executed
by such first taker shall not be construed to be an absolute
disposal of the estate thereby conveyed unless there be a sale
thereunder, but shall be effective only to the extent of the lien
or encumbrance created by such trust deed or mortgage.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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