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. That treatment depends, however, upon attributing to