N.Y. Tax Law § 957: Modification for limited powers of appointment created prior to September first, nineteen hundred thirty

§ 957. Modification for limited powers of appointment created prior to

September first, nineteen hundred thirty. (a) General.--In determining

the New York gross estate, there shall be added to the federal gross

estate of a deceased resident the value of all property (other than real

and tangible personal property situated outside New York state) passing

under a limited power of appointment exercised by the decedent (A) by

will or (B) by a disposition which is of such nature that if it were a

transfer of property owned by him, such property would be includible in

his federal gross estate under section two thousand thirty-five, two

thousand thirty-six, two thousand thirty-seven or two thousand

thirty-eight of the internal revenue code.

(b) Definition.-- For purposes of this section, a limited power of

appointment means a power--

(1) with respect to property which is not or was not subject to New

York death tax in the estate of the grantor of such power, but would

have been so taxable except for a statute providing that the tax on the

transfer of such property should be imposed in the estate of the grantee

of such power in the event of its exercise; and

(2) the exercise of which has not required the inclusion of the

property in the decedent's federal gross estate under section two

thousand forty-one of the internal revenue code (relating to general

powers of appointment).