Statute · New York Estates, Powers & Trusts Law

N.Y. Est. Powers & Trusts Law § 10-9.1 — Revocability of a power of appointment

N.Y. Est. Powers & Trusts Law § 10-9.1

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

§ 10-9.1 Revocability of a power of appointment

Citator

N.Y. Est. Powers & Trusts Law § 10-9.1 — Revocability of a power of appointment is in force in the current edition of the Code, and nothing recorded condemns it.

§ 10-9.1 Revocability of a power of appointment

(a) A power of appointment is irrevocable unless the donor reserves the right to revoke it.

(b) An exercise of power of appointment is irrevocable whenever:

(1) The donor of a special power manifests his intention that its exercise be irrevocable, or

(2) The donee does not manifest in the instrument exercising the power his intention to reserve a power of revocation.

(c) If the donee in exercising a power reserves a power to revoke the appointment, but does not expressly reserve a power to reappoint, upon the exercise of the power of revocation, the donee can reappoint.

(d) An instrument exercising a power of appointment is affected by fraud in the same manner as a deed or will, executed by an owner or by a trustee of property.