Legislation
ARTICLE 10
Powers
Estates, Powers & Trusts (EPT) CHAPTER 17-B
ARTICLE 10
POWERS
PART 1. COMMON LAW OF POWERS ESTABLISHED WITH EXCEPTIONS
Section 10-1.1 Common law of powers retained, except as modified by
this article.
PART 2. DEFINITIONS
Section 10-2.1 Power.
10-2.2 Other words defined.
PART 3. VARIETIES OF POWERS
Section 10-3.1 Powers of appointment and other powers.
10-3.2 Classification of powers of appointment as to kind;
general and special; exclusive and non-exclusive.
10-3.3 Classification of powers of appointment as to time of
exercise; presently exercisable, testamentary and
postponed.
10-3.4 Classification of powers of appointment as to duty to
exercise; imperative and discretionary.
PART 4. CREATION OF A POWER OF APPOINTMENT
Section 10-4.1 Rules for creation of a power of appointment.
PART 5. EXTENT OF DONEE'S AUTHORITY TO APPOINT OR CONTRACT
TO APPOINT AN ESTATE IN APPOINTIVE PROPERTY
Section 10-5.1 Scope of the authority of the donee.
10-5.2 Contract to appoint; power presently exercisable.
10-5.3 Contract to appoint; power not presently exercisable.
10-5.4 Priority.
PART 6. RULES GOVERNING EXERCISE OF A POWER
OF APPOINTMENT
Section 10-6.1 Exercise of a power of appointment; manifestation of
intention of donee.
10-6.2 Exercise of a power of appointment; conformity to
directions of donor.
10-6.3 Exercise of a power of appointment; type of instrument.
10-6.4 Exercise of a power of appointment; required consents.
10-6.5 Exercise of exclusive and non-exclusive power of
appointment.
10-6.6 Exercise of a power of appointment; effect when more
extensive or less extensive than authorized; trustee's
authority to invade principal in trust.
10-6.7 Exercise by all donees; exceptions.
10-6.8 Imperative power of appointment; effectuation.
10-6.9 Exercise of a power of appointment in further trust.
PART 7. RIGHTS OF CREDITORS IN APPOINTIVE PROPERTY
Section 10-7.1 Creditors of the donee; special power.
10-7.2 Creditors of the donee; general power presently
exercisable.
10-7.3 Creditors of the donee; power subject to a condition.
10-7.4 Creditors of the donee; general power not presently
exercisable.
PART 8. RULE AGAINST PERPETUITIES AND ACCUMULATIONS AS
AFFECTED BY POWERS OF APPOINTMENT
Section 10-8.1 Rule against perpetuities; time at which permissible
period begins.
10-8.2 Rule against perpetuities; law which determines
permissible period.
10-8.3 Rule against perpetuities; facts to be considered.
10-8.4 Rule against accumulations; law determining validity in
exercise of a power of appointment.
PART 9. REVOCATION AND RELEASE OF A POWER OF APPOINTMENT
Section 10-9.1 Revocability of a power of appointment.
10-9.2 Release of a power of appointment.
PART 10. PROVISIONS AFFECTING POWERS OTHER THAN
POWERS OF APPOINTMENT
Section 10-10.1 Power to distribute principal or allocate income;
restriction on exercise.
10-10.2 Power to lease in tenant for life; scope.
10-10.3 Power to lease in tenant for life; transfer and
extinguishment.
10-10.4 Power to lease in tenant for life; effect of mortgage.
10-10.5 Power to sell in a mortgage.
10-10.6 Effect of reserved unqualified power to revoke.
10-10.7 Exercise of powers by multiple fiduciaries; joint and
several powers.
10-10.8 Irrevocability of powers other than powers of
appointment.
POWERS
PART 1. COMMON LAW OF POWERS ESTABLISHED WITH EXCEPTIONS
Section 10-1.1 Common law of powers retained, except as modified by
this article.
PART 2. DEFINITIONS
Section 10-2.1 Power.
10-2.2 Other words defined.
PART 3. VARIETIES OF POWERS
Section 10-3.1 Powers of appointment and other powers.
10-3.2 Classification of powers of appointment as to kind;
general and special; exclusive and non-exclusive.
10-3.3 Classification of powers of appointment as to time of
exercise; presently exercisable, testamentary and
postponed.
10-3.4 Classification of powers of appointment as to duty to
exercise; imperative and discretionary.
PART 4. CREATION OF A POWER OF APPOINTMENT
Section 10-4.1 Rules for creation of a power of appointment.
PART 5. EXTENT OF DONEE'S AUTHORITY TO APPOINT OR CONTRACT
TO APPOINT AN ESTATE IN APPOINTIVE PROPERTY
Section 10-5.1 Scope of the authority of the donee.
10-5.2 Contract to appoint; power presently exercisable.
10-5.3 Contract to appoint; power not presently exercisable.
10-5.4 Priority.
PART 6. RULES GOVERNING EXERCISE OF A POWER
OF APPOINTMENT
Section 10-6.1 Exercise of a power of appointment; manifestation of
intention of donee.
10-6.2 Exercise of a power of appointment; conformity to
directions of donor.
10-6.3 Exercise of a power of appointment; type of instrument.
10-6.4 Exercise of a power of appointment; required consents.
10-6.5 Exercise of exclusive and non-exclusive power of
appointment.
10-6.6 Exercise of a power of appointment; effect when more
extensive or less extensive than authorized; trustee's
authority to invade principal in trust.
10-6.7 Exercise by all donees; exceptions.
10-6.8 Imperative power of appointment; effectuation.
10-6.9 Exercise of a power of appointment in further trust.
PART 7. RIGHTS OF CREDITORS IN APPOINTIVE PROPERTY
Section 10-7.1 Creditors of the donee; special power.
10-7.2 Creditors of the donee; general power presently
exercisable.
10-7.3 Creditors of the donee; power subject to a condition.
10-7.4 Creditors of the donee; general power not presently
exercisable.
PART 8. RULE AGAINST PERPETUITIES AND ACCUMULATIONS AS
AFFECTED BY POWERS OF APPOINTMENT
Section 10-8.1 Rule against perpetuities; time at which permissible
period begins.
10-8.2 Rule against perpetuities; law which determines
permissible period.
10-8.3 Rule against perpetuities; facts to be considered.
10-8.4 Rule against accumulations; law determining validity in
exercise of a power of appointment.
PART 9. REVOCATION AND RELEASE OF A POWER OF APPOINTMENT
Section 10-9.1 Revocability of a power of appointment.
10-9.2 Release of a power of appointment.
PART 10. PROVISIONS AFFECTING POWERS OTHER THAN
POWERS OF APPOINTMENT
Section 10-10.1 Power to distribute principal or allocate income;
restriction on exercise.
10-10.2 Power to lease in tenant for life; scope.
10-10.3 Power to lease in tenant for life; transfer and
extinguishment.
10-10.4 Power to lease in tenant for life; effect of mortgage.
10-10.5 Power to sell in a mortgage.
10-10.6 Effect of reserved unqualified power to revoke.
10-10.7 Exercise of powers by multiple fiduciaries; joint and
several powers.
10-10.8 Irrevocability of powers other than powers of
appointment.