EPTL 10-6.7 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 10-6.6 Exercise of a power of appointment; effect when more extensive up PART 6 Rules Governing Exercise of a Power of Appointment next SECTION 10-6.8 Imperative power of appointment; effectuation Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 10-6.7 Exercise by all donees; exceptions Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 6 § 10-6.7 Exercise by all donees; exceptions Whenever a power of appointment, other than a power in a trustee to invade trust principal under section 10-6.6 of this article or under the terms of the dispositive instrument, is created in two or more donees, all must unite in its exercise, unless the instrument creating such power provides otherwise. But, if before its execution, one or more of such donees dies or becomes incompetent, such power may be exercised by the survivor or the competent donee, unless such exercise is explicitly barred by the terms of the instrument creating such power.