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.