Any person holding a power of appointment, general or special, whether exercisable by deed or by will only or otherwise, and whether reserved by the holder of the power or conferred upon him by another, may, as to all or any part of the property covered by the power of appointment, release or relinquish the power completely, or may release or relinquish the right to exercise the power except among a limited class set out in the release or relinquishment, or may covenant that the power will be exercised only in favor of the members of a limited class; and any such release, relinquishment, or covenant executed and delivered as provided in Code Sections 23-2-118 and 23-2-119 shall be valid and binding, whether with or without a consideration, provided that no such release, relinquishment, or covenant shall have the effect of permitting the property to be appointed to a person not permitted by the original power.
(Ga. L. 1945, p. 340, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 62 Am. Jur. 2d, Powers, §§ 17, 18.
C.J.S.- 72 C.J.S., Powers, § 19.
ALR.
- Statute preventing lapse upon death of legatee or devisee leaving issue as applicable to power of appointment, 75 A.L.R. 1383.
Execution, by donee of power, of deed, mortgage, or will not referring to the power, as exercise thereof, 91 A.L.R. 433; 127 A.L.R. 248.
Nonexclusive powers and illusory appointments, 100 A.L.R. 343.
Right to delegate power to appoint property, 104 A.L.R. 1459.
Power to appoint as exercisable by creation of new power by donee, 169 A.L.R. 727.
Election to take against will as extinguishing power of appointment, 38 A.L.R.2d 977.
Power of appointment as exclusive or nonexclusive - modern views, 69 A.L.R.2d 1285.
Effect of statute upon determination whether disposition of all or residue of testator's property, without referring to power of appointment, sufficiently manifests intention to exercise power, 16 A.L.R.3d 911.
Powers of appointment: revocation or amendment of exercise of power to appoint future interest, after exercise by inter vivos instrument, 60 A.L.R.3d 143.