Legislation
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.
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.