Classification of Powers of Appointment as to Duty to Exercise; Imperative and Discretionary

  1. Law
  2. New York Laws
  3. Estates, Powers and Trusts
  4. Powers
  5. Varieties of Powers
  6. Classification of Powers of Appointment as to Duty to Exercise; Imperative and Discretionary

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§ 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.


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