108. Class comprising valid and invalid objects.

Where the class of objects is defined by such a description that, if any of the class exist at all, some, at all events, of the class must necessarily be ascertained within the proper period, although the whole class may not be, as in the case of a power to appoint to issue generally of a living person, then the power is valid, even if within its terms an appointment may be made which is too remote. In such a case the only question that can arise will be as to how in fact the power has been exercised