N.Y. Estates, Powers & Trusts Law Section 10-3.4
Classification of powers of appointment as to duty to exercise;

§ 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.

Source: Section 10-3.4 — Classification of powers of appointment as to duty to exercise;, https://www.­nysenate.­gov/legislation/laws/EPT/10-3.­4 (updated Sep. 22, 2014; accessed May 4, 2024).

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Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 10-3.4’s source at nysenate​.gov

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