1. The designation of a person, such as a nonelected public official, for a job or duty; esp., the naming of someone to a nonelected public office (Article II of the U.S. Constitution grants the President the power of appointment for principal federal officials, subject to senatorial consent). [Cases: Officers and Public Employees 8; United States 35. C.J.S. Officers and Public Employees § 47; United States §§ 23, 53, 56–57.]
public appointment. An appointment to a public office. [Cases: Officers and Public Employees
8. C.J.S. Officers and Public Employees § 47.]
2. An office occupied by someone who has been appointed (a high appointment in the federal govern-ment).
3. Parliamentary law. The naming of an officer, the members of a committee, or the holder of any other title in an organization by means other than the organization’s election.
4. The act of disposing of property, in exercise of a power granted for that purpose (the tenant’s appointment of lands). See POWER OF APPOINTMENT. [Cases: Powers
1. C.J.S. Powers § 2.] — appoint, vb. — appointer (for senses 1–3), n. — appointor (for sense 4), n.
illusory appointment. A nominal, unduly restrictive, or conditional transfer of property under a power of ap-pointment. [Cases: Powers 36(3). C.J.S. Powers § 21.]
“Like many other theories which are very plausible in the abstract, experience has shown that the doctrine of illusory appointments is difficult in application, since the term ‘illusory’ is vague and indefinite. And, because of the difficulty of formulating rules for determining what is an illusory appointment and the evils resulting from attempts to substitute the judicial will for the intent of the donor and donee of the power, the doctrine has been condemned or rejected by many courts.” 62 Am. Jur. 2d Powers of Appointment § 186 (1990).
