Illusory Appointment

Such an appointment or disposition of property under a power as is merely nominal and not substantial. Illusory appointments are void in equity; Sugd. Pow. 489; 1 Vern. 67; 1 Term 438, note; 4 Ves. 785. The rule at common law was, to require some allotment, however small, to each person, where the power was given to appoint to and among several persons; but the rule in equity requires a real substantial portion to each, a mere nominal allotment being deemed fraudulent and illusive; 4 Kent 342; Lines v. Darden, 5 Fla. 52; Lipplncott v. Rldgway, 10 N. J. Eq. 164; Thrasher v. Ballard, 35 W. Va. 624, 14 S. E. 232; Degmau v. Degman, 98 Ky. 717, 34 S. W. 623. The doctrine was repudiated in Cowles V. Brown, 4 Call (Va.) 477; Graeff v. De Turk, 44 Pa. 527. In England equity Jurisdiction on this point was ended by the statute 1 Wm. IV. c. 46, which declares that no appointment shall be impeached In equity, on the ground that it was unsubstantial. Illusory, or nominal; but the entire exclusion of any object of a power not In terms exclusive was illegal, notwithstanding that act, until 1874, when a statute was passed, providing that, under a power to appoint among certain persons, appointments may be made excluding one or more objects of the power; Moz. & W. Diet