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Terms Used In Utah Code 75A-4-407

  • Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75A-4-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75A-4-102
  • Property: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-4-102

     The remedy for a powerholder‘s breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.