The donee of a general power of appointment1 must be a person who, if existing at all, must be ascertained within the perpetuity period reckoned from the time of creation of the power2.
Such a power conferred on persons living at the time of creation of the power3, or on the survivor of any number of such persons4, is valid. The donee may even be unbegotten at that time, so long as it is certain, as in the case of the child of a living person, that he will be in existence and ascertainable within the proper period, at all
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Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
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