Commentary

17 Requirements of the instrument creating the power to be strictly observed

POWERS OF APPOINTMENT vol 33
| Commentary

17 Requirements of the instrument creating the power to be strictly observed

| Commentary

17 Requirements of the instrument creating the power to be strictly observed

Generally, all requirements as to exercise stated in the instrument creating the power have to be observed: it has been said that even ‘if these circumstances be unessential and unimportant, except as they are required by the creators of the power, they can only be satisfied by a strictly literal and precise performance. They are incapable of admitting any substitution’1. There are, however, statutory exceptions in the case of both testamentary appointments2 and appointments by deed3, so far as the requirements as to

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