Real Property An Introductory Explanation of the Law Relating to Land

Cover 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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