Illinois Law Review Volume 1

Illinois Law Review Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...ought logically to fall with the elimination of the rule against illusory appointments. As soon as you say that the donee must appoint something to each member of the class, but that he can cut any member ofi with only a cent, you practically make the power exclusive. By leaving the requirement, as our Supreme Court seems to in Hawthorn '0. Ulrich, supra, that there must be an appointment of something to each member of the class, you simply leave a pitfall for donees of powers. It is submitted that we should have an act like that of the English Statute of 37 and 38 Vict. ch. 37, abolishing non-exclusive powers. Such a statute would read as follows: No appointment which from and after the taking effect of this act, shall be made in exercise of any power to appoint any property, real or personal, amongst several objects created by any deed or other instrument or conveyance inter viz/as or by will taking effect, in case of a deed or other instrument, or conveyance inter '1/i1/as by complete execution and in the case of a will by the death of the testator, on or after the first day of July, 1907, shall be invalid at law or in equity, on the ground that any object of such power has been altogether excluded, but every such appointment shall be valid and effectual, notwithstanding that any one or more of the objects shall not thereby or in default of appointment, take a share or shares of the property subject to such power; Provided always, that nothing in this act contained shall prejudice or affect any provision in any deed, will, or other instrument in writing creating any power, which shall declare the amount or the share or shares from which no " See Appendix D, Sec. 2. " C. 46. " 207 Ill. 430. object of the power shall more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 1236782496
  • 9781236782496