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NEW YORK STATUTES AND CODES

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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