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Appointment

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

In equity, and conveyancing. A deed or instrument executed in pursuance of a power contained in some preceding deed, (called a power of appointment;) and which operates as a conveyance, by limiting a use, or by substituting a new use in place of a former one.* 1 Steph. Com. 506.

2 Crabb's Real Prop. 725. 8 § 2027, 2028. 4 Kenfse Om. 816.

See Power of appointment. •/ An appomtment may be made by deed or will, or simply by writing, where the mode of executmg the power is not defined.

3 Kent's Com. 330. 1 Powell on Depism^ 65 — 71.

It is not considerec* as an independent conveyance, but merely fiicillary to the former deed; and the party in whose favor it is made, called the appointee, is considered, for most purposes, as deriving his title under the ori^^nal conveyance, and to be in the same position as if that* instrument had actually contained a limitation in his favor, to the Extent of the estate appointed.

1 Stepk. Com. 506, 607.

See Power.

See Power.