2010 New York Code
EPT - Estates, Powers & Trusts
Article 10 - POWERS
10-6.1 - Exercise of a power of appointment; manifestation of intention of donee

§ 10-6.1 Exercise  of a power of appointment; manifestation of intention
             of donee
    (a) Subject to paragraph (b), an effective  exercise  of  a  power  of
  appointment does not require an express reference to such power. A power
  is  effectively  exercised  if  the  donee  manifests  his  intention to
  exercise it. Such a manifestation exists when the donee:
    (1) Declares in substance that he is exercising all the powers he has;
    (2) Sufficiently identifying  the  appointive  property  or  any  part
  thereof,  executes  an instrument purporting to dispose of such property
  or part;
    (3) Makes a  disposition  which,  when  read  with  reference  to  the
  property  he  owned  and  the  circumstances existing at the time of its
  making, manifests  his  understanding  that  he  was  disposing  of  the
  appointive property; or
    (4)  Leaves  a  will  disposing  of  all of his property or all of his
  property of the kind covered by the power, unless the intention that the
  will is not to operate as an execution of the power appears expressly or
  by necessary implication.
    (b) If the donor has expressly directed that no  instrument  shall  be
  effective  to exercise the power unless it contains a specific reference
  to the power, an instrument  not  containing  such  reference  does  not
  validly exercise the power.

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