N.Y. Estates, Powers & Trusts Law § 10-3.4: Classification of powers of appointment as to duty to exercise;

§ 10-3.4 Classification of powers of appointment as to duty to exercise;

imperative and discretionary

(a) A power of appointment is either imperative or discretionary.

(b) A power of appointment is imperative if the instrument creating it

imposes on the donee a duty to exercise it, and it may be imperative

even though it is exclusive.

(c) A power of appointment is discretionary if the donee is authorized

to exercise or not to exercise it.