New York § 10-9.2 Release of a power of appointment

New York Statutes

§ 10-9.2 — Release of a power of appointment

New York § 10-9.2

Law EPTEstates, Powers & Trusts

Part 9Revocation and Release of a Power of Appointment

Art. 10Powers

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Bluebook

N.Y. Estates, Powers & Trusts § 10-9.2 (2026).

Text

§ 10-9.2 Release of a power of appointment\n  (a) Any power of appointment, whether exercisable only by deed, only\nby will, or by either deed or will, and whether general or special,\nexclusive or nonexclusive other than a power which is imperative, is\nreleasable, either with or without consideration, by written instrument\nsigned by the donee of such power and delivered as hereinafter provided.\n  (b) A releasable power of appointment may be released with respect to\nall or any part of the appointive property and may also be released in\nsuch manner as to reduce or limit the appointees, or classes of\nappointees, in whose favor such power is exercisable. No release of any\npower of appointment shall cause the power to become imperative when\nsuch power was not imperative prior to such r

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§ 10-9.2 Release of a power of appointment\n (a) Any power of appointment, whether exercisable only by deed, only\nby will, or by either deed or will, and whether general or special,\nexclusive or nonexclusive other than a power which is imperative, is\nreleasable, either with or without consideration, by written instrument\nsigned by the donee of such power and delivered as hereinafter provided.\n (b) A releasable power of appointment may be released with respect to\nall or any part of the appointive property and may also be released in\nsuch manner as to reduce or limit the appointees, or classes of\nappointees, in whose favor such power is exercisable. No release of any\npower of appointment shall cause the power to become imperative when\nsuch power was not imperative prior to such release, unless the\ninstrument of release expressly so provides.\n (c) Such release may be delivered to any of the following:\n (1) Any person specified for such purpose in the instrument creating\nthe power.\n (2) Any trustee of the property subject to such power.\n (3) Any person, other than the donee, who might be adversely affected\nby an exercise of the power.\n (4) The county clerk of the county in which the donee resides or has a\nplace of business or in which the instrument creating the power is\nfiled, to be duly filed by such clerk upon the payment to him of the\nfees due for such filing or, if the power was created by will, to the\nclerk of the surrogate's court having jurisdiction of the estate of the\ndonor.\n (d) This section applies to releases delivered on or after July first,\nnineteen hundred forty-two.\n