New York Laws > Estates, Powers and Trusts > 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.