There is a newer version of the New York Consolidated Laws
2010 New York Code
EPT - Estates, Powers & Trusts
Article 10 - POWERS
Part 3 - (10-3.1 - 10-3.4) VARIETIES OF POWERS
10-3.4 - Classification of powers of appointment as to duty to exercise; imperative and discretionary
§ 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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