2006 New York Code - Powers
ARTICLE 10 POWERS PART 1. COMMON LAW OF POWERS ESTABLISHED WITH EXCEPTIONS Section 10-1.1 Common law of powers retained, except as modified by this article. PART 2. DEFINITIONS Section 10-2.1 Power. 10-2.2 Other words defined. PART 3. VARIETIES OF POWERS Section 10-3.1 Powers of appointment and other powers. 10-3.2 Classification of powers of appointment as to kind; general and special; exclusive and non-exclusive. 10-3.3 Classification of powers of appointment as to time of exercise; presently exercisable, testamentary and postponed. 10-3.4 Classification of powers of appointment as to duty to exercise; imperative and discretionary. PART 4. CREATION OF A POWER OF APPOINTMENT Section 10-4.1 Rules for creation of a power of appointment. PART 5. EXTENT OF DONEE'S AUTHORITY TO APPOINT OR CONTRACT TO APPOINT AN ESTATE IN APPOINTIVE PROPERTY Section 10-5.1 Scope of the authority of the donee. 10-5.2 Contract to appoint; power presently exercisable. 10-5.3 Contract to appoint; power not presently exercisable. 10-5.4 Priority. PART 6. RULES GOVERNING EXERCISE OF A POWER OF APPOINTMENT Section 10-6.1 Exercise of a power of appointment; manifestation of intention of donee. 10-6.2 Exercise of a power of appointment; conformity to directions of donor. 10-6.3 Exercise of a power of appointment; type of instrument. 10-6.4 Exercise of a power of appointment; required consents. 10-6.5 Exercise of exclusive and non-exclusive power of appointment. 10-6.6 Exercise of a power of appointment; effect when more extensive or less extensive than authorized; trustee's authority to invade principal in trust. 10-6.7 Exercise by all donees; exceptions. 10-6.8 Imperative power of appointment; effectuation. 10-6.9 Exercise of a power of appointment in further trust. PART 7. RIGHTS OF CREDITORS IN APPOINTIVE PROPERTY Section 10-7.1 Creditors of the donee; special power. 10-7.2 Creditors of the donee; general power presently exercisable. 10-7.3 Creditors of the donee; power subject to a condition. 10-7.4 Creditors of the donee; general power not presently exercisable. PART 8. RULE AGAINST PERPETUITIES AND ACCUMULATIONS AS AFFECTED BY POWERS OF APPOINTMENT Section 10-8.1 Rule against perpetuities; time at which permissible period begins. 10-8.2 Rule against perpetuities; law which determines permissible period. 10-8.3 Rule against perpetuities; facts to be considered. 10-8.4 Rule against accumulations; law determining validity in exercise of a power of appointment. PART 9. REVOCATION AND RELEASE OF A POWER OF APPOINTMENT Section 10-9.1 Revocability of a power of appointment. 10-9.2 Release of a power of appointment. PART 10. PROVISIONS AFFECTING POWERS OTHER THAN POWERS OF APPOINTMENT Section 10-10.1 Power to distribute principal or allocate income; restriction on exercise. 10-10.2 Power to lease in tenant for life; scope. 10-10.3 Power to lease in tenant for life; transfer and extinguishment. 10-10.4 Power to lease in tenant for life; effect of mortgage. 10-10.5 Power to sell in a mortgage. 10-10.6 Effect of reserved unqualified power to revoke. 10-10.7 Exercise of powers by multiple fiduciaries; joint and several powers. 10-10.8 Irrevocability of powers other than powers of appointment.
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