Appointment

Fixing, establishing: limitation, selection, designation.

1.

Selection for the duties of an office or place of trust.

Appointee.

The person so designated, until qualified. A commission, regularly issued, is conclusive evidence t)f an appointment." Where a common council voted to ballot for a municipal officer, in pursuance of a power conferred by charter to " appoint " such officer, it was held that the ballot taken was intended to be an election, that is, an appointment. 3 Appointments to office are intrinsically executive acts, whether made by a court, a municipal council, an executive officer, or other person or body. A particular appointment is complete when the last act reauired of the appointing power is performed."

See Office, 1; Resignation. 2.

Exercise of the right to designate the person who is to take the use of realty.'' An authority given to another to be exercised over property in a manner and to an extent which he would not otherwise possess.^ Also Qalled power of appointment.

Appointor.

He who executes the power; the donee. He who confers the power is the donor.

Appointee.

He in whose favor the power is executed.* General appointment. Such appointment as enables the donee to name, as appointee, whom he pleases — even himself.

Special appointment

Such as restricts the donee to naming one or more appointees from among particular persons. The latter dates from the creation of the power; the former from its exercise. > Nat. Bank of the Commonwealth u.

Mechanics' Nat. Bank, 94 U. S. 439 (1876), cases; Nichols v. Knowles, 17 F. B. 495-96 (1881), cases; Bank of California V. Webb, 94 N. Y. 472 (1884), eases; Mc Curdy v. Middleton, 82 Ala. 137 (1886), cases; Sanborn r. Stark, 31 F; E. 18 (1887); 21 Cent. Law J. 473-79 (1885), cases. See also 9 Wheat. 720; 6 Cranch, 8; 1 Mass. 323; 88 Ind. 68-69, cases; 62 Miss. 8, 121, 500; 7 Oreg. 228; 59 Tex. 649; 55 Vt. 464, 543; 22 F. E. 570; 13 Am. Dec. 50.5. cases; 14 id. 694, cases; 1 Story, Eq. S 459 6; 2 Pars. Contr. 629. 2 United States v. Le Baron, 19 How. 79, 73 (1856); 1 Cranch, 137; 10 Pet. 313; 10 Oreg. 520. » State ex rel.

— Coogan v. Barbour, 63 Conn. 83, 85-90 (1885), cases. « [2 Washb. Real Prop. 302. Where a person, having a general power of appointment, by deed or by will, executes it, the property is deemed in equity a part of his assets, subject to the demands of his creditors in preference to the claims of voluntary appointees or of legar tees.i niusory appointment. Allotment of a nominal, not of a substantial, interest.^ The rule at common law was to require some allotment to each person where several appointees were intended. But the rule in equity requires a real, substantial portion in each appointee — a merely nominal allotnlent being viewed not only as illusory but as fraudulent.* A devise to a corporation for a charitable use is an appointment rather than a bequest.* The donee must be competent to dispose of an estate of his own In like manner. All donees, or their survivors, must join in executing the power. The donor's intention is to be strictly observed. A partial execution may be upheld. The estate vests in the appointee as if conveyed immediately by the donor. ^ See further Power, 2;

Use, 3.