Section 172 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 172 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Execution of powers not testamentary. It provides as follows:

(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) is so far as
respects the execution and attestation thereof, 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 does 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 does 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 does not apply.

(4) This section applies to appointments by deed made after the thirty-first day of
December, eighteen hundred and ninetynine.