Illusory Appointment

Such an appointment or disposition of property under a power as is merely nominal, and not substantial.

“The appointment of a merely nominal share of the property to one of the objects of a power in order to escape the rule that an exclusive appointment could not be made unless it was authorized by the instrument creating the power, and was void in equity, but St. 1 Wm. IV, c. 46, abolished this rule.”

— Black’s Law Dictionary See 3 Wall. Jr. 32, 13 Fed. Cas. (U. S.) 50.

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

Formerly the appointment of a merely nominal share of the property to one of the objects of a power, in order to escape the rule that an exclusive appointment could not be made unless it was authorized by the instrument creating the power, was considered illusory and void in equity. But this rule has been abolished in England.. (1 Wm. IV. c. 46; 37 & 38 Viet. c. 37.) Sweet See Ingraham v. Meade, 3 Wall. Jr. 32, 13 Fed. Cas. 50.

Defined under Illusory in Black's Law Dictionary.

The appointment hy a person having a power to appoint real or personal property among a class, of a merely nominal share to one of that class, practically excluding him; frequently forbidden by statute, v. Power.