44
Item 57
App. IIAJ
Charities Procedure Act 1832
[1987 Ed.
No appointment in exercise of a power shall be impeached in equity as illusory by reason of giving only a nominal share to any object of the power.
Not to affect any deed which declares the amount of the shares to be appointed; nor to give any other force to any appointment than the same would have had if a substantial share had been appointed or left to devolve as unappointed.
[Preamble]
[1.] No appointment which from and after the passing of this Act shall be made in exercise of any power or authority to appoint any property, real or personal, amongst several objects, shall be invalid or impeached in equity on the ground that an unsubstantial, illusory, or nominal share only shall be thereby appointed to or left unappointed to devolve upon any one or more of the objects of such power; but every such appointment shall be valid and effectual in equity as well as at law, notwithstanding that any one or more of the objects shall not thereunder, or in default of such appointment, take more than an unsubstantial, illusory, or nominal share of the property subjected to such power.
2. Provided always, that nothing in this Act contained shall prejudice or affect any provision, in any deed, will, or other instrument creating any such power as aforesaid, which shall declare the amount of the share or shares from which no object of the power shall be excluded.
3. Provided also, that nothing in this Act contained shall be construed, deemed, or taken, at law or in equity, to give any other validity, force, or effect, to any appointment, than such appointment would have had if a substantial share of the property affected by the power had been thereby appointed to or left unappointed to devolve upon any object of such power.
Item 59
THE CHARITIES PROCEDURE ACT 1832
(2 & 3 Will. 4 c. 57)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 2, p. 835]
An Act... for making certain Provisions respecting Estates or Funds belonging to Charities.
[23rd June, 1832.]
3.
Courts of Chancery or Exchequer may in certain cases appoint new trustees, and direct conveyances of charity estates to the trustees thereof in certain cases.- Where the person, or all the persons, if more than one, in whom any lands, hereditaments, rent-charge, or other real property may have been vested in trust for any charity or charitable or public purpose, shall be dead, it shall be lawful for the said Court of Chancery or the said Court of Exchequer, on the petition of his Majesty's attorney general, or of the persons or body administering such charity or superintending
Page 45
Page 46
44
Item 57
App. IIAJ
Charities Procedure Act 1832
[1987 Ed.
No appointment in exercise of a power shall be impeached in
equity as illusory by reason of giving only a
nominal share to any object of the power.
Not to affect any deed which declares the amount of the shares to be appointed;
nor to give any other force to any appointment than the same would have had if a substantial share had been appointed or left to devolve as unappointed.
[Preamble]
[1.] No appointment which from and after the passing of this Act shall be made in exercise of any power or authority to appoint any property, real or personal, amongst several objects, shall be invalid or impeached in equity on the ground that an unsubstantial, illusory, or nominal share only shall be thereby appointed to or left unappointed to devolve upon any one or more of the objects of such power; but every such appointment shall be valid and effectual in equity as well as at law, notwithstanding that any one or more of the objects shall not thereunder, or in default of such appointment, take more than an unsubstantial, illusory, or nominal share of the property subjected to such power.
2. Provided always, that nothing in this Act contained shall prejudice or affect any provision, in any deed, will, or other instrument creating any such power as aforesaid, which shall declare the amount of the share or shares from which no object of the power shall be excluded.
3. Provided also, that nothing in this Act contained shall be construed, deemed, or taken, at law or in equity, to give any other validity, force, or effect, to any appointment, than such appointment would have had if a substantial share of the property affected by the power had been thereby appointed to or left unappointed to devolve upon any object of such power.
Item 59
THE CHARITIES PROCEDURE ACT 1832
(2 & 3 Will. 4 c. 57)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 2, p. 835]
An Act... for making certain Provisions respecting Estates or Funds
belonging to Charities.
[23rd June, 1832.]
3.
Courts of Chancery or Exchequer may in certain cases appoint new trustees, and direct conveyances of charity estates to the trustees thereof in certain cases.- Where the person, or all the persons, if more than one, in whom any lands, hereditaments, rent-charge, or other real property may have been vested in trust for any charity or charitable or public purpose, shall be dead, it shall be lawful for the said Court of Chancery or the said Court of Exchequer, on the petition of his Majesty's attorney general, or of the persons or body administering such charity or superintending
Page 45Page 46
No comments yet.
Private notes are available after approval.