APPOINTMENT. The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust.
The making out a commission is conclusive evidence of an appointment to an office for holding which a commission is required. 1 Cranch, 137; 10 Pet. 343.
As distinguished from an election, it seems that an appointment is generally made by one person, or a limited number acting witb delegated powers, while an election is made by all of a class.
The word is sometimes used in a sense quite akin to this, and apparently derived from it as denoting the right or privilege conferred by an appoint ment: thus, the act of authorizing a man to print the laws of the United States by authority, and the right thereby conveyed, are considered such an ap pointment, but the right is not an office. 17 Serg. & 11. Penn. 29, 233. And see 3 id. 157; Cooper, Justin. 599, 604.
In Chancery Practice. The exercise of a right to designate the person or persons who are to take the use of real estate. 2 Washburn, Real Prop. 302.
By whom to be made.—It must be made by the person authorized, 2 Bouvier, Inst. 1922; who may be any person competent to dispose of an estate of his own in the same manner, 4 Kent. Comm. 324; including a married wo man, 1 Sugden, Pow. 182; 3 C. B. 578; 5 id. 741; 3 Johns. Ch. N. Y. 523; 5 Wheat. Penn. 445 ; 2 Dall. 201; 8 How. 27; even though her husband be the appointee, 21 Penn. St. 72; or an infant, if the power be simply col lateral. 2 Washburn, Real Prop. 317. And
see 1 Sugden, Pow. ed.1856, 211. Where two or more are named as donees, all must, in ge neral, join, 2 Washburn, Real Prop. 322; 14 Johns. N. Y. 553 ; but where given to several who act in a trust capacity, as a class, it may be by the survivors. 10 Pet. 564; 13 Mete. Mass. 220; Story, Eq. Jur. 1062, n.
How to be made.—A very precise compli ance with the directions of the donor is ne cessary, 2 Yes. Ch. 231; 1 P. Will. Ch. 740; 3 East, 410, 430 ; 1 Jac. & W. Ch. 93 ; 6 Mann. & G. 386 ; 8 How. 30 ; having regard to the intention, especially in substantial matters. Tudor, Lead. Cas. 306; 2 Washburn, Real Prop. 318; Ambl. Ch. 555; 3 Yes. Ch. 421. It may be a partial execution of the power only, and yet be valid, 4 Cruise, Dig. 205; or, if excessive, may be good to the extent of the power. 2 Yes. Sen. 640; 3 Drur. & Warr. Ch. It must come within the spirit of the power : thus, if the appointment is to be to and amongst several, a fair allotment must be made to each, 4 Yes. Ch. 771; 2 Vern. Ch. 513; otherwise, where it is made to such as the donee may select. 5 Ves. Ch. 857.
The effect of an appointment is to vest the estate in the appointee, as if conveyed by the original donor. 2 Washburn, Real Prop. 320; 2 Crabb, Real Prop. 726, 741; 2 Sugden, Pow. ed.1856, 22; 11 Johns. N. Y. 169. See POWER. Consult 2 Washburn, Real Prop. 298, 337; Tudor, Lead. Cas.; Chance, Pow.; 4 Greenleaf; Cruise, Dig.