58—Execution of powers not testamentary
(1) A deed executed in
the presence of and attested by two or more witnesses (in the manner in which
deeds are ordinarily executed and attested) shall so far as respects the
execution and attestation thereof, be a valid execution of a power of
appointment by deed or by any instrument in writing, not testamentary,
notwithstanding that it is expressly required that a deed or instrument in
writing, made in exercise of the power, is to be executed or attested with
some additional or other form of execution or attestation or solemnity.
(2) This section shall
not operate to defeat any direction in the instrument creating the power
that—
(a) the
consent of any particular person is to be necessary to a valid execution;
(b) in
order to give validity to any appointment, any act is to be performed having
no relation to the mode of executing and attesting the instrument.
(3) This section shall
not prevent the donee of a power from executing it in accordance with the
power by writing, or otherwise than by an instrument executed and attested as
a deed; and where a power is so executed this section shall not apply.