reglab/housing_qa huggingface dataset:
NY Est Pow & Trusts L § 10-6.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 6 - Rules Governing Exercise of a Power of Appointment 10-6.4 - Exercise of a Power of Appointment; Required Consents

§ 10-6.4 Exercise of a power of appointment; required consents  (a) When the consent of the donor or of a third person to the exercise of  a  power of appointment is required, such consent shall be expressed in a written instrument, subscribed  by  the  person  whose  consent  is required;  and to entitle the instrument of exercise to be recorded, the signatures  of  the  donee  and  of  the  person  consenting   must   be acknowledged  or proved in the manner required by the laws of this state for the recording of a deed of real property.  (b) Unless the donor expressly provides otherwise:  (1) When the consents of two or more  persons  are  required  for  the exercise of a power of appointment, all must consent.  (2) If before the exercise of the power:  (A)  One  or  more of such persons die, the consent of the survivor is sufficient.  (B) One or more of such persons become incompetent, the consent of the competent person is sufficient.
NY Est Pow & Trusts L § 10-6.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 6 - Rules Governing Exercise of a Power of Appointment 10-6.5 - Exercise of Exclusive and Non-Exclusive Power of Appointment

§ 10-6.5 Exercise of exclusive and non-exclusive power of appointment  (a) Unless the donor expressly provides otherwise:  (1) The donee of an exclusive power may appoint all or any part of the appointive property to one or more of the appointees to the exclusion of the others.  (2) The donee of a non-exclusive power must appoint in favor of all of the appointees equally.
NY Est Pow & Trusts L § 10-6.7 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 6 - Rules Governing Exercise of a Power of Appointment 10-6.7 - Exercise by All Donees; Exceptions

§ 10-6.7 Exercise by all donees; exceptionsWhenever  a  power  of appointment, other than a power in a trustee to   invade trust principal under section 10-6.6 of this article or under the   terms of the dispositive instrument, is created in two or  more  donees,   all  must  unite  in  its  exercise, unless the instrument creating such   power provides otherwise. But, if before its execution, one or  more  of   such  donees dies or becomes incompetent, such power may be exercised by   the survivor or the competent donee, unless such exercise is  explicitly   barred by the terms of the instrument creating such power.
NY Est Pow & Trusts L § 10-6.8 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 6 - Rules Governing Exercise of a Power of Appointment 10-6.8 - Imperative Power of Appointment; Effectuation

§ 10-6.8 Imperative power of appointment; effectuation  (a)  The  exercise of an imperative power of appointment devolves upon the supreme court or, in the case of a will, the  surrogate's  court  in the following cases:  (1) Failure to designate the donee.  (2) Death of the designated donee without exercising the power.  (3) Incompetence of the sole donee.  (4)  Defective exercise of the power, either wholly or in part, by the donee.  (b) Where an imperative power of appointment:  (1) Is exclusive, and the donee dies without exercising the power,  it must be exercised for the benefit of all of the appointees equally.  (2)  Has  been  exercised defectively by the donee, it may be properly exercised in favor of persons intended to be benefited by the donee.  (3) Has been exercised defectively by the donee,  a  purchaser  for  a valuable   consideration  claiming  under  such  defective  exercise  is entitled to the same relief as a  similar  purchaser  claiming  under  a defective disposition from an actual owner.  (4)  Is  non-exclusive,  and the right of the appointee is assignable, creditors or assignees of such appointee can compel the exercise of such power for their benefit.  (5) Is non-exclusive, the committee of an appointee  or  his  assignee for the benefit of creditors can compel the exercise of such power.
NY Est Pow & Trusts L § 10-6.9 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 6 - Rules Governing Exercise of a Power of Appointment 10-6.9 - Exercise of a Power of Appointment in Further Trust

§ 10-6.9. Exercise of a power of appointment in further trustIf the donee of a power of appointment exercises the power in favor of   the  trustee of a trust under a will or deed other than that under which   the power was created, and if said  exercise  is  otherwise  valid,  the   appointive  property  shall  be  paid  over  to  and administered by the   trustee of, and under the terms of, the trust under such  will  or  deed   and  jurisdiction  over  said appointive property shall thereafter be in   the court having jurisdiction of the trust under such will or deed.
NY Est Pow & Trusts L § 10-7.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 7 - Rights of Creditors in Appointive Property 10-7.1 - Creditors of the Donee; Special Power

§ 10-7.1 Creditors of the donee; special powerProperty covered by a special power of appointment (or a general power   of  appointment that is exercisable solely for the support, maintenance,   health and education of the donee within the meaning  of  sections  2041   and  2514 of the Internal Revenue Code) is not subject to the payment of   the claims of creditors of the donee, his  estate  or  the  expenses  of   administering his estate.
NY Est Pow & Trusts L § 10-7.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 7 - Rights of Creditors in Appointive Property 10-7.2 - Creditors of the Donee; General Power Presently Exercisable

§ 10-7.2 Creditors of the donee; general power presently exercisableProperty  covered  by  a  general power of appointment (other than one   exercisable solely for the support, maintenance, health and education of   the donee within the meaning of sections 2041 and 2514 of  the  Internal   Revenue  Code)  which  is presently exercisable, or of a postponed power   which has become exercisable, is subject to the payment of the claims of   creditors of the donee, his estate and the expenses of administering his   estate. It is immaterial whether the power was created in the  donee  by   himself  or  by  some  other person, or whether the donee has or has not   purported to exercise the power.
NY Est Pow & Trusts L § 10-7.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 7 - Rights of Creditors in Appointive Property 10-7.3 - Creditors of the Donee; Power Subject to a Condition

§ 10-7.3 Creditors of the donee; power subject to a conditionA  general  power of appointment may be created subject to a condition   precedent or subsequent, and until the condition is fulfilled, it is not   subject to the provisions of 10-7.2.
NY Est Pow & Trusts L § 10-7.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 7 - Rights of Creditors in Appointive Property 10-7.4 - Creditors of the Donee; General Power Not Presently Exercisable

§ 10-7.4 Creditors of the donee; general power not presently exercisable  (a)  Property  covered  by  a general power of appointment which, when created, is not presently exercisable is subject to the payment  of  the claims  of  creditors  of  the  donee,  his  estate  and the expenses of administering his estate, only:  (1) If the power was created by the donee in favor of himself; or  (2) If a postponed power becomes exercisable in  accordance  with  the terms  of  the creating instrument, except in the case of a testamentary general power.
NY Est Pow & Trusts L § 10-8.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 8 - Rule Against Perpetuities and Accumulations as Affected by Powers of Appointment 10-8.1 - Rule Against Perpetuities; Time at Which Permissible Period Begins

§ 10-8.1 Rule  against  perpetuities;  time  at which permissible period            begins  (a) Where an estate is created by an instrument exercising a power  of appointment,  the  permissible  period  of the rule against perpetuities begins:  (1) In the case of an instrument exercising a general power  which  is presently  exercisable,  on  the  effective  date  of  the instrument of exercise.  (2) In all other cases, at the time of the creation of the power.  (b) Where the creator of a trust reserves to  himself  an  unqualified power to revoke, the permissible period of the rule against perpetuities begins when the power to revoke terminates by reason of the death of the creator, by a release of such power or otherwise.
NY Est Pow & Trusts L § 10-8.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 8 - Rule Against Perpetuities and Accumulations as Affected by Powers of Appointment 10-8.2 - Rule Against Perpetuities; Law Which Determines Permissible Period

§ 10-8.2 Rule  against  perpetuities;  law  which determines permissibleperiodIn all cases covered by 10-8.1, the permissible  period  of  the  rule   against  perpetuities  is determined by the law in effect when the power   is exercised or the unqualified power to revoke is terminated,  and  not   by the law in effect when the power was created.
NY Est Pow & Trusts L § 10-8.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 8 - Rule Against Perpetuities and Accumulations as Affected by Powers of Appointment 10-8.3 - Rule Against Perpetuities; Facts to Be Considered

§ 10-8.3 Rule against perpetuities; facts to be consideredWhen  the  permissible period of the rule against perpetuities must be   computed from the time of the creation  of  the  power  of  appointment,   facts and circumstances existing on the effective date of the instrument   exercising  the  power  shall  be  taken into account in determining the   validity of interests created by the instrument exercising the power.
NY Est Pow & Trusts L § 10-8.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 8 - Rule Against Perpetuities and Accumulations as Affected by Powers of Appointment 10-8.4 - Rule Against Accumulations; Law Determining Validity in Exercise of a Power of Appointment

§ 10-8.4 Rule   against   accumulations;  law  determining  validity  inexercise of a power of appointmentWhen a direction for the accumulation of income  is  contained  in  an   instrument  exercising  a  power,  heretofore  or hereafter created, the   validity of such direction is determined by the law in effect  when  the   power  is  exercised,  and  not  by the law in effect when the power was   created.
NY Est Pow & Trusts L § 10-9.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 9 - Revocation and Release of a Power of Appointment 10-9.1 - Revocability of a Power of Appointment

§ 10-9.1 Revocability of a power of appointment  (a)  A  power  of appointment is irrevocable unless the donor reserves the right to revoke it.  (b) An exercise of power of appointment is irrevocable whenever:  (1) The donor of a special power  manifests  his  intention  that  its exercise be irrevocable, or  (2) The donee does not manifest in the instrument exercising the power his intention to reserve a power of revocation.  (c)  If the donee in exercising a power reserves a power to revoke the appointment, but does not expressly reserve a power to  reappoint,  upon the exercise of the power of revocation, the donee can reappoint.  (d)  An  instrument  exercising  a power of appointment is affected by fraud in the same manner as a deed or will, executed by an owner or by a trustee of property.
NY Est Pow & Trusts L § 10-9.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 9 - Revocation and Release of a Power of Appointment 10-9.2 - Release of a Power of Appointment

§ 10-9.2 Release of a power of appointment  (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.
NY Est Pow & Trusts L § 10-10.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.1 - Power to Distribute Principal or Allocate Income; Restriction on Exercise.

§ 10-10.1 Power  to distribute principal or allocate income; restrictionon exerciseA power held by a person as trustee of an  express  trust  to  make  a   discretionary  distribution of either principal or income to such person   as a beneficiary, or to make discretionary allocations in such  person's   favor of receipts or expenses as between principal and income, cannot be   exercised  by  such  person unless (1) such person is the grantor of the   trust and the trust is revocable by such  person  during  such  person's   lifetime,  or  (2)  the  power  is  a power to provide for such person's   health, education, maintenance or support within the meaning of sections   2041 and 2514 of the Internal Revenue Code, or (3) the trust instrument,   by express reference to this section, provides otherwise. If  the  power   is conferred on two or more trustees, it may be exercised by the trustee   or  trustees  who  are  not  so  disqualified.  If  there  is no trustee   qualified to exercise the power, its exercise devolves  on  the  supreme   court  or  the surrogate's court, except that if the power is created by   will, its exercise devolves on the surrogate's court having jurisdiction   of the estate of the donor of the power.
NY Est Pow & Trusts L § 10-10.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.2 - Power to Lease in Tenant for Life; Scope

§ 10-10.2 Power to lease in tenant for life; scopeA power may be conferred upon a tenant for life to make leases of real   property  for  a  term  of not more than twenty-one years to commence in   possession during his lifetime.  If the power authorizes,  or  the  life   tenant  makes,  a  lease  for a term in excess of twenty-one years, such   power or lease is valid for twenty-one years, but  is  void  as  to  the   excess.
NY Est Pow & Trusts L § 10-10.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.3 - Power to Lease in Tenant for Life; Transfer and Extinguishment

§ 10-10.3 Power to lease in tenant for life; transfer and extinguishmentThe  power  of a tenant for life to make leases is not assignable as a   separate interest, but  is  annexed  to  his  estate  and  passes  by  a   disposition  of  such estate unless expressly excepted.  If so excepted,   it is extinguished.  Such a power may be released by  the  tenant  to  a   person  entitled to a future estate in the property, and shall thereupon   be extinguished.
NY Est Pow & Trusts L § 10-10.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.4 - Power to Lease in Tenant for Life; Effect of Mortgage

§ 10-10.4 Power to lease in tenant for life; effect of mortgage  (a)    The  power  of  a  tenant  for  life  to make leases is neither extinguished nor suspended when such tenant executes a  mortgage.    The power  is  bound by the mortgage in the same manner as the real property embraced therein, and the lien of the mortgagee on such power:  (1)  Entitles the mortgagee to an exercise of the power so far as  the satisfaction of the debt requires; and  (2)  Causes any subsequent interest, created by the tenant for life by an  exercise  of  such power, to become subject to the mortgage as if in terms embraced therein.
NY Est Pow & Trusts L § 10-10.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.5 - Power to Sell in a Mortgage

§ 10-10.5 Power to sell in a mortgageWhere  a power to sell real property is given to a mortgagee or to the   transferee in any other conveyance intended to  secure  the  payment  of   money, the power is deemed a part of the security, and passes to and may   be  exercised  by  any  person,  who by assignment or otherwise, becomes   entitled to the money so secured to be paid.
NY Est Pow & Trusts L § 10-10.6 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.6 - Effect of Reserved Unqualified Power to Revoke

§ 10-10.6 Effect of reserved unqualified power to revokeWhere  a  creator  reserves  an  unqualified  power  of revocation, he   remains the absolute owner of the property disposed of  so  far  as  the   rights of his creditors or purchasers are concerned.
NY Est Pow & Trusts L § 10-10.7 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.7 - Exercise of Powers by Multiple Fiduciaries; Joint and Several Powers

§ 10-10.7 Exercise  of powers by multiple fiduciaries; joint and severalpowersUnless contrary to the express provisions of an  instrument  affecting   the  disposition  of  property,  a  joint  power  other  than a power of   appointment but including a power in a trustee to invade trust principal   under section  10-6.6  of  this  article  or  under  the  terms  of  the   dispositive  instrument,  conferred  upon  three or more fiduciaries, as   that term is defined in 11-1.1, by the terms of such instrument,  or  by   statute,  or arising by operation of law, may be exercised by a majority   of such fiduciaries, or by a majority of survivor fiduciaries, or by the   survivor fiduciary. Such a power conferred upon or surviving to two such   fiduciaries may be exercised jointly by both such fiduciaries or by  the   survivor  fiduciary,  unless  contrary  to  the  express  terms  of  the   instrument creating the power. A fiduciary  who  fails  to  act  through   absence  or  disability, or a dissenting fiduciary who joins in carrying   out the decision of a majority of the fiduciaries if his or her  dissent   is expressed promptly in writing to his or her co-fiduciaries, shall not   be  liable  for the consequences of any majority decision, provided that   liability for failure to join in administering the estate or trust or to   prevent a breach of the trust may not thus be avoided. A power vested in   one or more persons under a trust of real property created in connection   with  the  salvaging  of  mortgage  participation  certificates  may  be   executed  by one or more of such persons as provided in such trust. This   section shall not affect the right of any one of two  or  more  personal   representatives of a decedent to exercise a several power.
NY Est Pow & Trusts L § 10-10.8 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 10 - Powers Part 10 - Provisions Affecting Powers Other Than Powers of Appointment 10-10.8 - Irrevocability of Powers Other Than Powers of Appointment

§ 10-10.8 Irrevocability of powers other than powers of appointmentA  power,  other than a power of appointment, is irrevocable unless an   authority to revoke it is granted or reserved in the instrument creating   the power.
NY Est Pow & Trusts L § 11-1.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 1 - Fiduciaries: Powers, Duties and Limitations 11-1.2 - Tax Elections by Personal Representatives

§ 11-1.2 Tax elections by personal representatives  (A)  If  the  personal  representative  or  other  person  acting in a fiduciary capacity with respect  to  a  decedent's  estate,  hereinafter called  the  "fiduciary", claims as income tax reductions administration expenses chargeable to principal that may be claimed by  such  fiduciary as  either  estate  tax  deductions or as income tax deductions with the result that the income taxes paid by or chargeable to income or  to  any income  beneficiary  are reduced and with the further result that United States or New York estate taxes chargeable to principal  are  increased, then,  unless  otherwise  provided or authorized by the decedent's will, each person, including the estate or any trust, who has received the use of  such  income  tax  deductions  shall  reimburse  to  the   principal chargeable  with  such  increased  estate  taxes an amount determined by multiplying such increase  in  estate  taxes  by  a  fraction  having  a numerator equal to the income tax deduction made available to him as the result  of  the  aforesaid election and a denominator equal to the total amount of the income tax deductions made available thereby.  (b) Unless otherwise expressly  provided  by  a  will  under  which  a disposition  is  made to or for the benefit of the surviving spouse of a decedent which qualifies for an estate tax marital deduction  under  any tax  law of the state of New York or of the United States and the amount or size of such disposition is defined by  the  will  in  terms  of  the maximum marital deduction allowable under such tax law:  (1)   No  adjustment  shall  be  required  to  be  made  between  such disposition and the other interests in the decedent's estate  by  reason of  (A) any increase in the amount or size of such disposition resulting from any election by the fiduciary, under such tax laws, to treat estate administration expenses as income tax deductions over the amount or size of such disposition had the contrary  election  been  made  or  (B)  any increase or decrease in the amount or size of such disposition resulting from an election by the fiduciary, under such tax laws, of an estate tax valuation  date  other than the date of the decedent's death as compared with the amount or size of such disposition had  the  contrary  election been made.  (2)  Such  definition  shall  not  be  construed as a direction by the decedent to the  fiduciary  to  exercise  any  election  respecting  the deduction  of estate administration expenses or the determination of the estate tax valuation date, which the fiduciary may have under  such  tax laws,  only  in  such manner as will result in a larger allowable estate tax marital deduction than if the contrary election had been made.