Site icon The Law Dictionary

ILLUSORY

Deceiving by false appearances; nominal, as distinguished from substantial. Illusory appointment. 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 Vict, c 87.) Sweet. See Ingraham v. Meade, 3 Wall. Jr. 32, 13 Fed. Cas. 50. Illusory appointment act. The statute 1 Wm. IV. c. 46. This statute enacts that no appointment made after its passing, (July 16. 1830.) in exercise of a power to appoint property, real or persona], among several objects, shall be invalid, or impeached in equity, on the ground that an unsubstantial, illusory, or nominal share only was thereby appointed, or left unappolnted, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity, as at law. See, too, 37 & 38 Vict, c. 37. Wharton.

Exit mobile version