Section 10-6.2. Exercise of a power of appointment; conformity to directions of  


Latest version.
  • donor
        (a)  Subject  to  the  power  of  a court of competent jurisdiction to
      remedy a defective execution of an imperative power of appointment,  the
      directions  of  the  donor  as to the manner, time and conditions of the
      exercise of a power must be observed, except that:
        (1) Where the donor has authorized it to be exercised by an instrument
      legally insufficient to dispose of the appointive property,  the  manner
      of exercise is to be determined by the provisions of this article.
        (2)  Where  the donor has directed any formality to be observed in its
      exercise, in addition to those which  would  be  legally  sufficient  to
      dispose  of  the  appointive  property, such additional formality is not
      necessary to a valid exercise of such power.
        (3) Where the donor has made the power exercisable only by deed, it is
      also exercisable by a written will unless exercise by will is  expressly
      excluded.
        (4)  Where  the  donor  of  a  general  power  of  appointment has not
      expressly imposed a requirement of good faith or of reasonableness  with
      respect  to the donee's exercise of such power, neither such requirement
      shall be implied.