The popular belief to the contrary had, however, some countenance from a rule which, till very recently, existed with respect to Wills (or other instruments) made in exercise of any power or authority to appoint any propert)', real or personal, amongst several objects. Unless the instrument conferring the power authorized an exclusive appointment, as by the use of the words "to or amongst such one or more, exclusive of the other or others," &c., or by some equivalent expression, it was necessary to the validity of an appointment that some part should be given to every one of the objects. No one could be entirely excluded from participation. Yet according to the doctrine of the Courts of Common Law, any share, however nominal or illusory, would be sufficient.
