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This entry was published on 2014-09-22
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SECTION 10-6.2
Exercise of a power of appointment; conformity to directions of
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 6
§ 10-6.2 Exercise of a power of appointment; conformity to directions of

donor

(a) Subject to the power of a court of competent jurisdiction to
remedy a defective execution of an imperative power of appointment, the
directions of the donor as to the manner, time and conditions of the
exercise of a power must be observed, except that:

(1) Where the donor has authorized it to be exercised by an instrument
legally insufficient to dispose of the appointive property, the manner
of exercise is to be determined by the provisions of this article.

(2) Where the donor has directed any formality to be observed in its
exercise, in addition to those which would be legally sufficient to
dispose of the appointive property, such additional formality is not
necessary to a valid exercise of such power.

(3) Where the donor has made the power exercisable only by deed, it is
also exercisable by a written will unless exercise by will is expressly
excluded.

(4) Where the donor of a general power of appointment has not
expressly imposed a requirement of good faith or of reasonableness with
respect to the donee's exercise of such power, neither such requirement
shall be implied.