Real Property An Introductory Explanation of the Law Relating to Land
Real Property An Introductory Explanation of the Law Relating to Land
Alfred Frank Topham
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Special powers are either (a) A 7 on-exclusive : where the appointor must not exclude any member of the class ; or (b) Exclusive : where the appointor can appoint the whole property to one or more of the class and exclude the others. At common law a special power was deemed to be non- exclusive unless the appointor was expressly authorised to exclude some of the class ; and he was obliged to give some substantial share to each one, otherwise the appointment was "illusory" and void. Now, by the ...Illusory Appointments Act, 1830 (c), in case of a non-exclusive power an appointment of the smallest amount is sufficient ; And by the Powers of Appointment Act, 1874 (
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