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This entry was published on 2014-09-22
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SECTION 10-9.2
Release of a power of appointment
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 9
§ 10-9.2 Release of a power of appointment

(a) Any power of appointment, whether exercisable only by deed, only
by will, or by either deed or will, and whether general or special,
exclusive or nonexclusive other than a power which is imperative, is
releasable, either with or without consideration, by written instrument
signed by the donee of such power and delivered as hereinafter provided.

(b) A releasable power of appointment may be released with respect to
all or any part of the appointive property and may also be released in
such manner as to reduce or limit the appointees, or classes of
appointees, in whose favor such power is exercisable. No release of any
power of appointment shall cause the power to become imperative when
such power was not imperative prior to such release, unless the
instrument of release expressly so provides.

(c) Such release may be delivered to any of the following:

(1) Any person specified for such purpose in the instrument creating
the power.

(2) Any trustee of the property subject to such power.

(3) Any person, other than the donee, who might be adversely affected
by an exercise of the power.

(4) The county clerk of the county in which the donee resides or has a
place of business or in which the instrument creating the power is
filed, to be duly filed by such clerk upon the payment to him of the
fees due for such filing or, if the power was created by will, to the
clerk of the surrogate's court having jurisdiction of the estate of the
donor.

(d) This section applies to releases delivered on or after July first,
nineteen hundred forty-two.