Sec. 45a-568. (Formerly Sec. 45-120). Power of appointment may be released; definitions. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap802f > Sec45a-568

      Sec. 45a-568. (Formerly Sec. 45-120). Power of appointment may be released; definitions. (a) As used in sections 45a-568 to 45a-572, inclusive, (1) "power of appointment" includes all powers which are in substance and effect powers of appointment regardless of the language used in creating them and (2) "release" includes (A) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (B) an instrument wherein the person who executes it in substance states that he releases all right to exercise, or participate in the exercise of, a power of appointment otherwise than within limits therein defined, or agrees not to exercise, or participate in the exercise of, a power of appointment otherwise than within the limits therein defined.

      (b) A power of appointment, whether or not coupled with an interest, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly provided in the instrument creating the power.

      (1949 Rev., S. 6909, 6913; P.A. 80-476, S. 335.)

      History: P.A. 80-476 rearranged provisions and divided section in Subsecs; Sec. 45-120 transferred to Sec. 45a-568 in 1991.

      Annotation to former section 45-120:

      Cited. 152 C. 666.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802f > Sec45a-568

      Sec. 45a-568. (Formerly Sec. 45-120). Power of appointment may be released; definitions. (a) As used in sections 45a-568 to 45a-572, inclusive, (1) "power of appointment" includes all powers which are in substance and effect powers of appointment regardless of the language used in creating them and (2) "release" includes (A) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (B) an instrument wherein the person who executes it in substance states that he releases all right to exercise, or participate in the exercise of, a power of appointment otherwise than within limits therein defined, or agrees not to exercise, or participate in the exercise of, a power of appointment otherwise than within the limits therein defined.

      (b) A power of appointment, whether or not coupled with an interest, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly provided in the instrument creating the power.

      (1949 Rev., S. 6909, 6913; P.A. 80-476, S. 335.)

      History: P.A. 80-476 rearranged provisions and divided section in Subsecs; Sec. 45-120 transferred to Sec. 45a-568 in 1991.

      Annotation to former section 45-120:

      Cited. 152 C. 666.

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802f > Sec45a-568

      Sec. 45a-568. (Formerly Sec. 45-120). Power of appointment may be released; definitions. (a) As used in sections 45a-568 to 45a-572, inclusive, (1) "power of appointment" includes all powers which are in substance and effect powers of appointment regardless of the language used in creating them and (2) "release" includes (A) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (B) an instrument wherein the person who executes it in substance states that he releases all right to exercise, or participate in the exercise of, a power of appointment otherwise than within limits therein defined, or agrees not to exercise, or participate in the exercise of, a power of appointment otherwise than within the limits therein defined.

      (b) A power of appointment, whether or not coupled with an interest, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly provided in the instrument creating the power.

      (1949 Rev., S. 6909, 6913; P.A. 80-476, S. 335.)

      History: P.A. 80-476 rearranged provisions and divided section in Subsecs; Sec. 45-120 transferred to Sec. 45a-568 in 1991.

      Annotation to former section 45-120:

      Cited. 152 C. 666.