72-7-407. Remedy for breach of contract to appoint or not to appoint. 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.

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 72-7-407

  • Appointive property: means the property or property interest subject to a power of appointment. See Montana Code 72-7-102
  • 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 Montana Code 72-7-102
  • Property: means real and personal property. See Montana Code 1-1-205