illusory

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
@

Black's law dictionary. . 1990.

Look at other dictionaries:

  • illusory — il·lu·so·ry /i lü sə rē, zə rē/ adj: likely to mislead or deceive: false deceptive an illusory plea bargain leading to a longer sentence than expected Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Illusory — Il*lu so*ry, a. [Cf. F. illusore.] Deceiving, or tending of deceive; fallacious; illusive; as, illusory promises or hopes. [1913 Webster] …   The Collaborative International Dictionary of English

  • illusory — (adj.) 1590s, from Fr. illusorie, from L.L. illusorius ironical, of a mocking character, from illus , pp. stem of L. illudere mock at, lit. to play with, from assimilated form of in at, upon (see IN (Cf. in ) (2)) + ludere to play (see LUDICRO …   Etymology dictionary

  • illusory — *apparent, seeming, ostensible Analogous words: chimerical, fanciful, visionary, imaginary, fantastic: delusory, delusive, *misleading, deceptive Antonyms: factual: matter of fact …   New Dictionary of Synonyms

  • illusory — / illusive [adj] deceptive, false apparent, blue sky*, chimerical, deceitful, delusive, delusory, fake, fallacious, fanciful, fantastic, fictional, fictitious, fictive, hallucinatory, ideal, imaginary, misleading, mistaken, ostensible, pseudo*,… …   New thesaurus

  • illusory — ► ADJECTIVE ▪ apparently real but not actually so; deceptive. DERIVATIVES illusorily adverb …   English terms dictionary

  • illusory — [i lo͞o′sə rē, i lo͞o′zərē] adj. producing, based on, or having the nature of, illusion; deceptive; unreal; illusive illusorily adv. illusoriness n …   English World dictionary

  • 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… …   Black's law dictionary

  • illusory — [[t]ɪlu͟ːzəri, səri[/t]] ADJ GRADED If you describe something as illusory, you mean that although it seems true or possible, it is in fact false or impossible. Universalists argue that freedom is illusory. ...the illusory nature of nationhood …   English dictionary

  • illusory — elusive, illusory The confusion here has been greatly reduced by the virtual disappearance from the scene of the forms elusory and illusive. This leaves elusive as the adjective from elude, meaning ‘difficult to grasp (physically or mentally)’,… …   Modern English usage

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