New York Statutes

§ 10-8.1 — Rule against perpetuities; time at which permissible period

New York § 10-8.1
JurisdictionNew York
Law EPTEstates, Powers & Trusts
Part 8Rule Against Perpetuities and Accumulations As Affected By Powers of Appointment
Art. 10Powers

This text of New York § 10-8.1 (Rule against perpetuities; time at which permissible period) 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 § 10-8.1 (2026).

Text

§ 10-8.1 Rule against perpetuities; time at which permissible period\n begins\n (a) Where an estate is created by an instrument exercising a power of\nappointment, the permissible period of the rule against perpetuities\nbegins:\n (1) In the case of an instrument exercising a general power which is\npresently exercisable, on the effective date of the instrument of\nexercise.\n (2) In all other cases, at the time of the creation of the power.\n (b) Where the creator of a trust reserves to himself an unqualified\npower to revoke, the permissible period of the rule against perpetuities\nbegins when the power to revoke terminates by reason of the death of the\ncreator, by a release of such power or otherwise.\n

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Related

In re the Estate of McMurtry
68 Misc. 2d 553 (New York Surrogate's Court, 1971)
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79 Misc. 2d 105 (New York Surrogate's Court, 1974)
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In re the Estate of Reynal
58 Misc. 2d 518 (New York Surrogate's Court, 1968)
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In re Certain Trusts Created by Certain Agreements Dated April 25, 1968 between Marcus & Kaplan
191 Misc. 2d 497 (New York Surrogate's Court, 2002)
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In re the Accounting of Irving Trust Company
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Bluebook (online)
New York § 10-8.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/EPT/10-8.1.