Section 10-9.2. Release of a power of appointment


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