110. Test for appointments.

110.     Test for appointments.

An appointment is conveniently tested by placing the estates and interests, created by the appointment, in the instrument creating the power in the place of the power itself, as if the instrument creating the power and the instrument executing the power had been incorporated in one instrument1. In adopting this test the language of the appointment should neither be written literally into the instrument creating the power, for in that case contradictions of time would be introduced2, nor be translated into the language which the creator of the power would have used at