illusory

/al(y)uwsariy/°uwz°/ Deceiving by false appearances; nominal, as distinguished from substantial; fallacious; illusive. Bolles v. Toledo Trust Co., 144 Ohio St. 195, 58 N.E.2d 381, 390

@ illusory appointment

Nominal, overly restrictive or conditional transfer of property under power of appointment; lacking in substantial existence. Formerly the appointment of a merely nominal share of the property to one of the objects of a power, in order to escape the rule that an exclusive appointment could not be made unless it was authorized by the instrument creating the power, was considered illusory and void in equity. This rule has been abolished in England. Brown v. Fidelity Union Trust Co., 126 N.J.Eq. 406, 9 A.2d 311.

See Illusory Appointment Act

@ Illusory Appointment Act

This English statute provided that no appointment made after its passing (July 16, 1830), in exercise of a power to appoint property, real or personal, among several objects, shall be invalid, or impeached in equity, on the ground that an unsubstantial, illusory, or nominal share only was thereby appointed, or left unappointed, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity, as at law.

See now Law of Property Act (1925), No. 158

@ illusory contract

An expression cloaked in promissory terms, but which, upon closer examination, reveals that the promisor has not committed himself in any manner. Harrington v. Harrington, N.D., 365 N.W.2d 552, 555.

See also illusory promise

@ illusory promise

A purported promise that actually promises nothing because it leaves to speaker the choice of performance or nonperformance. When promise is illusory, there is no actual requirement upon promisor that anything be done because promisor has an alternative which, if taken, will render promisee nothing. When provisions of supposed promise leave promisor's performance optional or entirely within discretion, pleasure and control of promisor, the promise is illusory. Interchange Associates v. Interchange, Inc., 16 Wash. App. 359, 557 P.2d 357, 358.

An illusory promise is an expression cloaked in promissory terms, but which, upon closer examination, reveals that the promisor has really not committed himself to anything. If performance of an apparent promise is entirely optional with the provisor, the promise is illusory

+ illusory promise

A promise in which the promisor does not bind himself to do anything and hence it furnishes no basis for a contract because of the lack of consideration; e.g. a promise to buy whatever goods the promisor chooses to buy.

@ illusory tenant

A straw man who, as landlord's alter ego, subleases apartment to permit landlord to circumvent or evade obligations under rent laws, or prime tenant who is individual entrepreneur trafficking in stabilized or controlled apartments which he subleases as business. Conti v. Citrin, Sup., 132 Misc.2d 834, 505 N.Y.S.2d 481, 482

@ illusory trust

Where a settlor in form either declares himself trustee of, or transfers to a third party, property in trust, but by the terms of the trust, or by his dealings with the trust property, in substance exercises so much control over the trust property that it is clear that he did not intend to relinquish any of his rights in the trust property, the trust is invalid as illusory. A trust arrangement which takes the form of a trust, but because of powers retained in the settlor has no real substance and in reality is not a completed trust. In re Herron's Estate, Fla.App., 237 So.2d 563, 566

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