113. Invalid appointment with concurrence.

113.     Invalid appointment with concurrence.

Where an appointment is made which is invalid wholly or partially under the rule against perpetuities, and in the same instrument of appointment a person concurs1 as a party to the deed or otherwise to whom a perfectly valid appointment might have been made of the property appointed, then, if the facts warrant it, and if there is no question of a fraud on the power2, the appointment may be treated as an appointment to that person absolutely, with a subsequent settlement or disposition by him in favour of the actual appointees3.