2006 New York Code - Release of a power of appointment



 
  § 10-9.2 Release of a power of appointment
    (a)  Any  power of appointment, whether exercisable only by deed, only
  by will, or by either deed or will,  and  whether  general  or  special,
  exclusive  or  nonexclusive  other  than a power which is imperative, is
  releasable, either with or without consideration, by written  instrument
  signed by the donee of such power and delivered as hereinafter provided.
    (b)  A releasable power of appointment may be released with respect to
  all or any part of the appointive property and may also be  released  in
  such  manner  as  to  reduce  or  limit  the  appointees,  or classes of
  appointees, in whose favor such power is exercisable. No release of  any
  power  of  appointment  shall  cause the power to become imperative when
  such power  was  not  imperative  prior  to  such  release,  unless  the
  instrument of release expressly so provides.
    (c) Such release may be delivered to any of the following:
    (1)  Any  person specified for such purpose in the instrument creating
  the power.
    (2) Any trustee of the property subject to such power.
    (3) Any person, other than the donee, who might be adversely  affected
  by an exercise of the power.
    (4) The county clerk of the county in which the donee resides or has a
  place  of  business  or  in  which  the instrument creating the power is
  filed, to be duly filed by such clerk upon the payment  to  him  of  the
  fees  due  for  such filing or, if the power was created by will, to the
  clerk of the surrogate's court having jurisdiction of the estate of  the
  donor.
    (d) This section applies to releases delivered on or after July first,
  nineteen hundred forty-two.

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