reglab/housing_qa huggingface dataset:
NC Gen Stat § 31D-3-305 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-305 - Permissible appointment.

 31D-3-305. Permissible appointment.(a) If a power holder of a general power of appointment permits appointment to the power holder or the power holder's estate, the power holder may make any appointment, including an appointment in trust or an appointment that creates a new power of appointment that the power holder could make in disposing of the power holder's own property.(b) If a power holder of a general power of appointment permits appointment only to the creditors of the power holder or the creditors of the power holder's estate, or both, the power holder may appoint only to those creditors.(c) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power holder of a nongeneral power may:(1) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee.(2) Create a general power in a permissible appointee.(3) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power.(4) Create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include one or more permissible appointees of the original nongeneral power.  (2015-205, s. 3(a); 2021-53, s. 4.2.)
NC Gen Stat § 31D-3-306 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-306 - Appointment to deceased appointee.

 31D-3-306. Appointment to deceased appointee.An appointment to a deceased appointee is ineffective.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-307 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-307 - Impermissible appointment.

 31D-3-307. Impermissible appointment.(a) An exercise of a power of appointment in favor of an impermissible appointee is ineffective.(b) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent that the appointment is a fraud on the power.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-308 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-308 - Selective allocation doctrine.

 31D-3-308. Selective allocation doctrine.If a power holder exercises a power of appointment in a disposition that also disposes of property the power holder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the power holder's intent.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-309 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-309 - Capture doctrine; disposition of ineffectively appointed property under general power.

 31D-3-309. Capture doctrine; disposition of ineffectively appointed property under general power.To the extent a power holder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:(1) The gift-in-default clause controls the disposition of the ineffectively appointed property.(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property passes as follows:a. To the power holder if the power holder is a permissible appointee and living.b. If the power holder is an impermissible appointee or deceased, to the power holder's estate if the estate is a permissible appointee.c. If the power holder is an impermissible appointee or deceased and if the estate is not a permissible appointee, under a reversionary interest to the donor or the donor's transferee or successor in interest.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-310 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-310 - Disposition of unappointed property under released or unexercised general power.

 31D-3-310. Disposition of unappointed property under released or unexercised general power.(a) To the extent that a power holder releases a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, the gift-in-default clause controls the disposition of the unappointed property. If there is no gift-in-default clause or to the extent that the clause is ineffective, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.(b) To the extent a power holder fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, the gift-in-default clause controls the disposition of the unappointed property. If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property passes as follows:(1) To the power holder if the power holder is a permissible appointee and living.(2) If the power holder is an impermissible appointee or deceased, to the power holder's estate if the estate is a permissible appointee.(3) If the power holder is an impermissible appointee or deceased and if the estate is not a permissible appointee, under a reversionary interest to the donor or the donor's transferee or successor in interest.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-311 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-311 - Disposition of unappointed property under released or unexercised nongeneral power.

 31D-3-311. Disposition of unappointed property under released or unexercised nongeneral power.To the extent that a power holder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:(1) The gift-in-default clause controls the disposition of the unappointed property.(2) If there is no gift-in-default clause, or to the extent that the clause is ineffective, the unappointed property:a. Passes to the permissible appointees, if both of the following apply:1. The permissible appointees are defined and limited.2. The terms of the instrument creating the power do not manifest a contrary intent.b. If there is no taker under sub-subdivision a. of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-312 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-312 - Disposition of unappointed property if partial appointment to taker in default.

 31D-3-312. Disposition of unappointed property if partial appointment to taker in default.Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the power holder makes a valid partial appointment to a taker in default of appointment, then the taker in default of appointment may share fully in unappointed property.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-313 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-313 - Appointment to taker in default.

 31D-3-313. Appointment to taker in default.If a power holder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, then the power of appointment is deemed not to have been exercised and the appointee takes under the clause.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-3-314 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 3 - Exercise of Power of Appointment.|§ 31D-3-314 - Power holder's authority to revoke or amend exercise.

 31D-3-314. Power holder's authority to revoke or amend exercise.If the terms of an instrument creating a power of appointment do not prohibit the power holder from revoking or amending an exercise of the power, a power holder may revoke or amend the exercise of a power only if one of the following apply:(1) The instrument creating the exercise of the power of appointment may be revoked or amended.(2) The power holder reserves a power of revocation or amendment in the instrument exercising the power of appointment.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-4-401 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-401 - Disclaimer.

 31D-4-401. Disclaimer.Consistent with Chapter 31B of the General Statutes:(1) A power holder may disclaim all or part of a power of appointment.(2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-4-402 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-402 - Authority to release.

 31D-4-402. Authority to release.A power holder may release a power of appointment, in whole or in part, except to the extent that the terms of the instrument creating the power prevent the release.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-4-403 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-403 - Method of release.

 31D-4-403. Method of release.A power holder of a releasable power of appointment may release the power in whole or in part as follows:(1) By substantial compliance with a method provided in the terms of the instrument creating the power.(2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by an instrument manifesting the power holder's intent by clear and convincing evidence.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-4-403.1 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-403.1 - Necessity for actual notice of release or limitation to bind fiduciary.

 31D-4-403.1. Necessity for actual notice of release or limitation to bind fiduciary.No fiduciary having possession or control of property over which a power of appointment is exercisable shall be bound or affected by any release or limitation of such power without actual notice thereof.  (1943, c. 665, s. 4; 2017-102, s. 13(c).)
NC Gen Stat § 31D-4-404 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-404 - Revocation or amendment of release.

 31D-4-404. Revocation or amendment of release.A power holder may revoke or amend a release of a power of appointment only to the extent that one of the following applies:(1) The instrument of release is revocable by the power holder.(2) The power holder reserves a power of revocation or amendment in the instrument of release.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-4-405 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-405 - Power to contract; presently exercisable power of appointment.

 31D-4-405. Power to contract; presently exercisable power of appointment.A power holder of a presently exercisable power of appointment may contract:(1) Not to exercise the power.(2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-4-406 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-406 - Power to contract; power of appointment not presently exercisable.

 31D-4-406. Power to contract; power of appointment not presently exercisable.A power holder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the power holder both:(1) Is also the donor of the power.(2) Has reserved the power in a revocable trust.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-4-407 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint.|§ 31D-4-407 - Remedy for breach of contract to appoint or not to appoint.

 31D-4-407. Remedy for breach of contract to appoint or not to appoint.The remedy for a power holder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-5-501 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 5 - Rights of Power Holder's Creditors in Appointive Property.|§ 31D-5-501 - Creditor claim; general power created by power holder.

 31D-5-501. Creditor claim; general power created by power holder.(a) In this section, "power of appointment created by the power holder" includes a power of appointment created in a transfer by another person to the extent the power holder contributed value to the transfer.(b) Appointive property subject to a general power of appointment created by the power holder is subject to a claim of a creditor of the power holder or of the power holder's estate to the extent provided in the Uniform Voidable Transactions Act, Article 3A of Chapter 39 of the General Statutes.(c) Subject to subsection (b) of this section, appointive property subject to a general power of appointment created by the power holder is not subject to a claim of a creditor of the power holder or the power holder's estate to the extent the power holder irrevocably appointed the property in favor of a person other than the power holder or the power holder's estate.(d) Subject to subsections (b) and (c) of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the power holder is subject to a claim of a creditor of:(1) The power holder, to the same extent as if the power holder owned the appointive property, if the power is presently exercisable.(2) The power holder's estate, to the extent that the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the power holder's death.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-5-502 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 5 - Rights of Power Holder's Creditors in Appointive Property.|§ 31D-5-502 - Creditor claim; general power not created by power holder.

 31D-5-502. Creditor claim; general power not created by power holder.(a) Except as otherwise provided in subsection (b) of this section, and only when and to the extent that the power holder exercises the power, appointive property subject to a general power of appointment created by a person other than the power holder is subject to a claim of a creditor of:(1) The power holder, to the extent the power holder's property is insufficient, if the power is presently exercisable.(2) The power holder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.(b) Subject to the provisions of G.S. 31D-5-504(c), a power of appointment created by a person other than the power holder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or section 2514(c)(1) of the Internal Revenue Code, as amended, is treated for purposes of this Article as a nongeneral power.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-5-503 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 5 - Rights of Power Holder's Creditors in Appointive Property.|§ 31D-5-503 - Power to withdraw.

 31D-5-503. Power to withdraw.(a) For purposes of this Article, a power to withdraw property from a trust is treated as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.(b) The lapse, release, or waiver of a power to withdraw property from a trust shall not be deemed to be an exercise of the power.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-5-504 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 5 - Rights of Power Holder's Creditors in Appointive Property.|§ 31D-5-504 - Creditor claim; nongeneral power.

 31D-5-504. Creditor claim; nongeneral power.(a) Except as otherwise provided in subsections (b) and (c) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the power holder or the power holder's estate.(b) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the power holder or the power holder's estate to the extent that the power holder owned the property and, reserving the nongeneral power, transferred the property in violation of the Uniform Voidable Transactions Act, Article 3A of Chapter 39 of the General Statutes.(c) If the initial gift in default of appointment is to the power holder or the power holder's estate, a nongeneral power of appointment is treated for purposes of this Article as a general power.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-5-505 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 5 - Rights of Power Holder's Creditors in Appointive Property.|§ 31D-5-505 - Requisites of release as against creditors and purchasers for value.

 31D-5-505. Requisites of release as against creditors and purchasers for value.No release of a power of appointment after March 8, 1943, which is made by the owner of the legal title to real property in this State shall be valid as against creditors and purchasers for a valuable consideration until an instrument in writing setting forth the release is executed and acknowledged in the manner required for a deed and recorded in the county where the real property is.  (1943, c. 665, s. 3; 2017-102, s. 13(b); 2017-212, s. 8.4(a).)
NC Gen Stat § 31D-6-601 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 6 - Miscellaneous Provisions.|§ 31D-6-601 - Uniformity of application and construction.

 31D-6-601. Uniformity of application and construction.In applying and construing this Chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  (2015-205, s. 3(a).)
NC Gen Stat § 31D-6-602 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 6 - Miscellaneous Provisions.|§ 31D-6-602 - Relation to Electronic Signatures in Global and National Commerce Act.

 31D-6-602. Relation to Electronic Signatures in Global and National Commerce Act.This Chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of 15 U.S.C. 7003(b).  (2015-205, s. 3(a).)
NC Gen Stat § 31D-6-603 (2021)
2021 North Carolina General Statutes|Chapter 31D - North Carolina Uniform Powers of Appointment Act|Article 6 - Miscellaneous Provisions.|§ 31D-6-603 - Application to existing relationships.

 31D-6-603. Application to existing relationships.(a) Except as otherwise provided in this Chapter, on or after August, 11, 2015:(1) This Chapter applies to a power of appointment created before, on or after August 11, 2015.(2) This Chapter applies to a judicial proceeding concerning a power of appointment commenced on or after August 11, 2015.(3) This Chapter applies to a judicial proceeding concerning a power of appointment commenced before August 11, 2015, unless the court finds that application of a particular provision of this Chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this Chapter does not apply and the superseded law applies.(4) A rule of construction or presumption provided in this Chapter applies to an instrument executed before August 11, 2015, unless there is a clear indication of a contrary intent in the terms of the instrument or unless application of that rule of construction or presumption would impair substantial rights of a party created under North Carolina law in effect prior to August 11, 2015, in which case that rule of construction or presumption does not apply and the superseded rule of construction or presumption applies.(5) Except as otherwise provided in subdivisions (1) through (4) of this subsection, an action taken before August 11, 2015, is not affected by this Chapter.(b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this State other than this Chapter before August 11, 2015, the law continues to apply to the right.  (2015-205, s. 3(a).)
NC Gen Stat § 32-1 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-1 - Short title.

 32-1. Short title.This Article may be cited as the Uniform Fiduciaries Act. (1923, c. 85, s. 14; C.S., s. 1864(d); 1965, c. 628, s. 2.)
NC Gen Stat § 32-2 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-2 - Definition of terms.

 32-2. Definition of terms.(a) In this Article unless the context or subject matter otherwise requires:"Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking."Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate."Person" includes a corporation, partnership, or other association, or two or more persons having a joint or common interest."Principal" includes any person to whom a fiduciary as such owes an obligation.(b) A thing is done "in good faith" within the meaning of this Article when it is in fact done honestly, whether it be done negligently or not. (1923, c. 85, s. 1; C.S., s. 1864(e); 1965, c. 628, s. 2.)