appointment

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appointment

nomination to an interest in property under a deed or will.

APPOINTMENT, chancery practice. The act of a person authorized by a will or other instrument to direct how trust property shall be disposed of, directing such disposition agreeably to the general directions of the trust.
2. The appointment must be made in such a manner as to come within the spirit of the power. And although at law the rule only requires that some allotment, however small, shall be given to each person, when the power is to appoint to and among several persons; the rule in equity differs, and requires a real and substantial portion to each, and a mere nominal allotment to one is deemed illusory and fraudulent. When the distribution is left to discretion, without any prescribed rule, Is to such of the children as the trustee shall think proper, he may appoint to one only; 5 Ves. 857; but if the words be, 'amongst' the children as he should think proper, each must have a share, and the doctrine of illusory appointment applies. 4 Ves. 771 Prec. Ch. 256; 2 Vern. 513. Vide, generally, 1 Supp. to Ves. Jr. 40, 95, 201, 235, 237; 2 Id. 1 27; 1 Vern. 67, n.; 1 Ves. Jr. 31 0, n.; 4 Kent, Com. 337; Sugd. on Pow. Index, h.t.; 2 Hill. Ab. Index, h.t.; 2 Bouv. Inst. n. 1921, et seq.

APPOINTMENT, government, wills. The act by which a person is selected and invested with an office; as the appointment of a judge, of which the making out of his commission is conclusive evidence. 1 Cranch, 137, 155; 10 Pet. 343. The appointment of an executor, which is done by nominating him as such in a will or testament.
2. By appointment is also understood a public employment, nearly synonymous with office. The distinction is this, that the term appointment is of a more extensive signification than office; for example, the act of authorizing a man to print the laws of the United States by authority, and the right conveyed by such an act, is an appointment, but the right thus conveyed is not an office. 17 S. & R. 219, 233. See 3 S. & R. 157; Coop. Just. 599, 604.

References in classic literature ?

"I suspected it," he continued -- "another application for an appointment under Monsieur.

Did you not say that he intended to make you a present of some appointment in the king's house

"I beg your pardon, count; but, if I succeed in obtaining the appointment, you, and not he, will have bestowed it on me."

"In the prince's household," said De Wardes, looking up with an air of consideration, "let me see -- the appointment of the master of the horse is vacant, I believe."

"All I solicit," said Malicorne, "is a very humble appointment; I am of little importance, and I do not rank myself above my position."

-- an appointment more valuable than a peerage; for it gives precedence over all the marechals of France."

View in context

It is all-important, for the sake of the monarchy and of religion itself that you should receive this appointment. Monsieur Rabourdin is a liberal; he subscribes to the 'Journal des Debats,' a dangerous newspaper, which made war on Monsieur le Comte de Villele to please the wounded vanity of Monsieur de Chateaubriand.

While these four personages were sitting down to their game of boston, Elisabeth and her uncle Mitral reached the cafe Themis, with much discourse as they drove along about a matter which Elisabeth's keen perceptions told her was the most powerful lever that could be used to force the minister's hand in the affair of her husband's appointment. Uncle Mitral, a former sheriff's officer, crafty, clever at sharp practice, and full of expedients and judicial precautions, believed the honor of his family to be involved in the appointment of his nephew.

First of all, we must make sure of Baudoyer's appointment, and des Lupeaulx will get it for us on these terms; after that is settled we will hand him back to you.

This appointment, we repeat, will be an act of justice and good policy; consequently we may be sure it will not be made."

View in context

Germaine, how my wife's far-away cousin kept an appointment with a ghost, and what came of it."*

The passenger's appointment proved to be the salvation of a whole ship's company.