Section 10-5.3. Contract to appoint; power not presently exercisable  


Latest version.
  • (a)  The  donee  of  a  power  of  appointment  which is not presently
      exercisable, or of a postponed power which has not  become  exercisable,
      cannot  contract  to  make  an appointment; except that this prohibition
      shall not apply if the donor and donee  are  the  same  person.  Such  a
      prohibited  contract,  if  made,  cannot  be  the basis of an action for
      specific performance or damages, but the promisee can obtain restitution
      of the value given by him for the promise unless the donee has exercised
      the power pursuant to the contract.
        (b) The provisions of this section shall not abridge  the  ability  of
      the  donee  of a power of appointment which is not presently exercisable
      to release his power pursuant to 10-9.2 or  to  make  the  power,  after
      release,  an  imperative  power,  except that where the donor designated
      persons or a class to take in default of the  donee's  exercise  of  the
      power,  a  release  with  respect  to  appointive property must serve to
      benefit all those so designated as provided by the donor.