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Home » US Law » 2022 New York Laws » Consolidated Laws » EPT - Estates, Powers and Trusts » Article 10 - Powers » Part 5 - Extent of Donee's Authority to Appoint or Contract to Appoint an Estate in Appointive Property

10-5.1 – Scope of the Authority of the Donee

§ 10-5.1 Scope of the authority of the donee The scope of the donee’s authority as to appointees and as to the time and manner of the appointment is unlimited except as the donor manifests a contrary intention.

10-5.2 – Contract to Appoint; Power Presently Exercisable

§ 10-5.2 Contract to appoint; power presently exercisable The donee of a power of appointment which is presently exercisable, or of a postponed power which has become exercisable, can contract to make an appointment to the extent that the contract or the promised appointment does not confer a benefit upon a person who is not […]

10-5.3 – Contract to Appoint; Power Not Presently Exercisable

§ 10-5.3 Contract to appoint; power not presently exercisable (a) The donee of a power of appointment which is not presently exercisable, or of a postponed power which has not become exercisable, cannot contract to make an appointment; except that this prohibition shall not apply if the donor and donee are the same person. Such […]

10-5.4 – Priority

§ 10-5.4 Priority The interest of the donee of a power of appointment, and of any appointee thereunder, has priority with respect to real property subject thereto, as against creditors, purchasers or incumbrancers, in good faith and without notice, of or from a person having an estate in such property, only from the time at […]