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Current as of January 01, 2026 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 10-3.4 Classification of powers of appointment as to duty to exercise; imperative and discretionary - last updated January 01, 2026 | https://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-10-3-4/
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