Appointments to be valid notwithstanding one or more objects excluded, or only take an unsubstantial share
23.
—(1) Where by any deed, will or other instrument a power is given to appoint movable or immovable property amongst several objects in such manner that no one of the objects of the power can be excluded, or some one or more of the objects of the power cannot be excluded by the donee of the power from a share of that property, but without requiring a substantial share of that property to be given to each object of the power or to each object of the power who cannot be excluded, no appointment, which has been or is after 23rd July 1909 made in exercise of any such power or authority, shall be invalid on the ground that an unsubstantial, illusory or nominal share only is thereby appointed, or left unappointed to devolve upon any one or more of the objects of the power or on the ground that any object of that power has been altogether excluded.
(2) Every such appointment shall be valid and effectual notwithstanding that any one or more of the objects does or do not thereunder, or in default thereof, take more than an unsubstantial, illusory or nominal share, and notwithstanding that any one or more of the objects does or do not thereunder, or in default thereof, take a share or shares of the said property.
(3) Nothing in this section shall prejudice or affect any provision in any deed, will or other instrument creating any such power as aforesaid, which declares the amount of the share or shares from which no object of the power shall be excluded.
(4) Nothing in this section shall be construed, deemed or taken 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, or left unappointed.
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