Ingraham v. Meade

GRIER, Circuit Justice.

I. Is this appointment of $300 illusory and therefore void? The theory on which the English chancellors have acted in setting aside certain appointments as “illusory,” is apparently founded in equity and justice. But like many other theories which are very plausible in the abstract, experience has shown this one to be difficult in application. The term “illusory” is vague and indefinite, depending on uncertain discretion or opinion of the person using it. Where a power is given by the donor to another to distribute, it is for the purpose of inequality, which future and…