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The Laws of New York
Consolidated Laws of New York
CHAPTER 17-B
Estates, Powers & Trusts
ARTICLE 10
Powers
PART 3
Varieties of Powers
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SECTION 10-3.3
Classification of powers of appointment as to time of exercise;
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PART 3
Varieties of Powers
This entry was published on 2014-09-22
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SECTION 10-3.4
Classification of powers of appointment as to duty to exercise;
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 3
§ 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.