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Illusory Appointments Act, 1830

Legal definition for Indian law research

Definition

Illusory Appointments Act, 1830 (English) (11 Geo. 4 & 1 Wm. 4, c. 46). This statute enacted that no appointment made after July 16th, 1830, in exercise of a power to appoint property, real or personal, among several objects, shall be invalid, or impeached in equity, on the ground that an unsubstantial, illusory, or nominal share only was thereby appointed, or left unappointed, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity as at law. See also the (Englihs) Powers of Appointment Act, 1874 (37 & 38 Vict. c. 37) ('Lord Selborne's Act'), by which appointments were validated, although one or more of the objects may have been excluded. These two Acts were repealed and reproduced by s. 158 of the (Englihs) Law of Property Act, 1925, which extends the rule to appointments whenever made. For the old law, consult Farwell on Powers, 8th Edn., 938.

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