New York § 10-5.4 Priority

New York Statutes

§ 10-5.4 — Priority

New York § 10-5.4

Law EPTEstates, Powers & Trusts

Part 5Extent of Donee's Authority to Appoint or Contract to Appoint an Estate In Appointive Property

Art. 10Powers

This text of New York § 10-5.4 (Priority) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Estates, Powers & Trusts § 10-5.4 (2026).

Text

§ 10-5.4 Priority\n  The interest of the donee of a power of appointment, and of any\nappointee thereunder, has priority with respect to real property subject\nthereto, as against creditors, purchasers or incumbrancers, in good\nfaith and without notice, of or from a person having an estate in such\nproperty, only from the time at which the instrument creating the power\nis duly recorded. As against all other persons, such interest has\npriority from the time at which the instrument creating the power takes\neffect.\n

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§ 10-5.4 Priority\n The interest of the donee of a power of appointment, and of any\nappointee thereunder, has priority with respect to real property subject\nthereto, as against creditors, purchasers or incumbrancers, in good\nfaith and without notice, of or from a person having an estate in such\nproperty, only from the time at which the instrument creating the power\nis duly recorded. As against all other persons, such interest has\npriority from the time at which the instrument creating the power takes\neffect.\n