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  • SECTION 10-3.3
    Classification of powers of appointment as to time of exercise;
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  • PART 3
    Varieties of Powers
    • Viewing most recent revision (from 2014-09-22)

    SECTION 10-3.4

    Classification of powers of appointment as to duty to exercise;

    Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 3

    § 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.