Statute · New York Estates, Powers & Trusts Law

N.Y. Est. Powers & Trusts Law § 10-3.4 — Classification of powers of appointment as to duty to exercise;

N.Y. Est. Powers & Trusts Law § 10-3.4

Type
Statute
Source
New York Estates, Powers & Trusts Law
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 10-3.4 Classification of powers of appointment as to duty to exercise;

Citator

N.Y. Est. Powers & Trusts Law § 10-3.4 — Classification of powers of appointment as to duty to exercise; is in force in the current edition of the Code, and nothing recorded condemns it.

§ 10-3.4 Classification of powers of appointment as to duty to exercise;

imperative and discretionary

(a) A power of appointment is either imperative or discretionary.

(b) A power of appointment is imperative if the instrument creating it imposes on the donee a duty to exercise it, and it may be imperative even though it is exclusive.

(c) A power of appointment is discretionary if the donee is authorized to exercise or not to exercise it.