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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.