EPTL 10-3.4 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 10-3.3 Classification of powers of appointment as to time of exercise; up PART 3 Varieties of Powers Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 10-3.4 Classification of powers of appointment as to duty to exercise; Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 3 § 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.