                                 CODE OF VIRGINIA

POWER OF DISPOSAL IN LIFE TENANT NOT TO DEFEAT REMAINDER UNLESS EXERCISED; POWER
OF DISPOSAL HELD BY FIDUCIARY (§ 55.1-106)

If any interest in or claim to real estate or personal property is disposed of
by deed or will for life, with a limitation in remainder over, and the same
instrument confers expressly or by implication a power upon the life tenant in
his lifetime or by will to dispose absolutely of such property, the limitation
in remainder over shall not fail, or be defeated, except to the extent that the
life tenant lawfully exercised such power of disposal. A deed of trust or
mortgage executed by the life tenant shall not be construed to be an absolute
disposition of the estate, unless such estate is sold under the deed of trust or
mortgage. A power of disposal held by any person in a fiduciary capacity under
an express trust in writing shall not be deemed to be held by such fiduciary in
a beneficial capacity and shall not be construed in any manner to enlarge the
beneficial interest otherwise given to him under such trust.

HISTORY: Code 1919, § 5147; Code 1950, § 55-7; 1978, c. 659; 2005, c. 935;
2019, c. 712.