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ILLUSORY APPOINTMENTS ACT 1830

ILLUSORY APPOINTMENTS ACT 1830 - LONG TITLE

An Act to alter and amend the Law relating to Illusory
Appointments.{1}
[16th July 1830]
Preamble rep. by SLR 1890 (No. 2).[

ILLUSORY APPOINTMENTS ACT 1830 - SECT 1
No appointment in exercise of a power shall be impeached in equity
as illusory by reason of giving only a nominal share to any object
of the power.

1.] No appointment which from and after the passing of this Act
shall be made in exercise of any power or authority to appoint any
property, real or personal, amongst several objects, shall be invalid
or impeached in equity on the ground that an unsubstantial,
illusory, or nominal share only shall be thereby appointed to or
left unappointed to devolve upon any one or more of the objects of
such power; but every such appointment shall be valid and effectual
in equity as well as at law, notwithstanding, that any one or more
of the objects shall not thereunder, or in default of such
appointment, take more than an unsubstantial, illusory, or nominal
share of the property subjected to such power.

ILLUSORY APPOINTMENTS ACT 1830 - SECT 2
Not to affect any deed which declares the amount of the shares to
be appointed;

2. Provided always, that nothing in this Act contained shall
prejudice or affect any provision, in any deed, will, or other
instrument creating any such power as aforesaid, which shall declare
the amount of the share or shares from which no object of the
power shall be excluded.

ILLUSORY APPOINTMENTS ACT 1830 - SECT 3
nor to give any other force to any appointment than the same would
have had if a substantial share had been appointed or left to
devolve as unappointed.

3. Provided also, that nothing in this Act contained shall be
construed, deemed, or taken, at law or in equity, to give any
other validity, force, or effect, to any appointment, than such
appointment would have had if a substantial share of the property
affected by the power had been thereby appointed to or left
unappointed to devolve upon any object of such power.


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URL: http://www.bailii.org/nie/legis/num_act/iaa1830294.txt