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LAW OF PROPERTY AMENDMENT ACT 1859 - SECT 12



12. A deed hereafter executed in the presence of and attested by two or more
witnesses in the manner in which deeds are ordinarily executed and attested
shall, so far as respects the execution and attestation thereof, be a valid
execution of a power of appointment by deed or by any instrument in writing
not testamentary, notwithstanding it shall have been expressly required that a
deed or instrument in writing made in exercise of such power shall be executed
or attested with some additional or other form of execution or attestation or
solemnity: Provided always, that this provision shall not operate to defeat
any direction in the instrument creating the power that the consent of any
particular person shall be necessary to a valid execution, or that any act
shall be performed in order to give validity to any appointment, having no
relation to the mode of executing and attesting the instrument; and nothing
herein contained shall prevent the donee of a power from executing it
conformably to the power by writing or otherwise than by an instrument
executed and attested as an ordinary deed, and to any such execution of a
power this provision shall not extend.


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© 1859 Crown Copyright

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