N.Y. Estates, Powers & Trusts Law Section 10-5.3
Contract to appoint

  • power not presently exercisable

§ 10-5.3 Contract to appoint; power not presently exercisable (a) The donee of a power of appointment which is not presently exercisable, or of a postponed power which has not become exercisable, cannot contract to make an appointment; except that this prohibition shall not apply if the donor and donee are the same person. Such a prohibited contract, if made, cannot be the basis of an action for specific performance or damages, but the promisee can obtain restitution of the value given by him for the promise unless the donee has exercised the power pursuant to the contract.

(b)

The provisions of this section shall not abridge the ability of the donee of a power of appointment which is not presently exercisable to release his power pursuant to 10-9.2 or to make the power, after release, an imperative power, except that where the donor designated persons or a class to take in default of the donee’s exercise of the power, a release with respect to appointive property must serve to benefit all those so designated as provided by the donor.

Source: Section 10-5.3 — Contract to appoint; power not presently exercisable, https://www.­nysenate.­gov/legislation/laws/EPT/10-5.­3 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 10-5.3’s source at nysenate​.gov

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