§ 10-6.6 Exercise of a power of appointment; effect when more extensive\n or less extensive than authorized; trustee's authority to\n invade principal in trust.\n (a) An exercise of a power of appointment is not void because its\nexercise is:\n (1) More extensive than was authorized but is valid to the extent\nauthorized by the instrument creating the power.\n (2) Less extensive than authorized by the instrument creating the\npower, unless the donor has manifested a contrary intention.\n (b) An authorized trustee with unlimited discretion to invade trust\nprincipal may appoint part or all of such principal to a trustee of an\nappointed trust for, and only for the benefit of, one, more than one or\nall of the current beneficiaries of the invaded trust (to the exclusion\nof any one or more of such current beneficiaries). The successor and\nremainder beneficiaries of such appointed trust may be one, more than\none or all of the successor and remainder beneficiaries of such invaded\ntrust (to the exclusion of any one, more than one or all of such\nsuccessor and remainder beneficiaries).\n (1) An authorized trustee exercising the power under this paragraph\nmay grant a discretionary power of appointment as defined in paragraph\n(c) of section 10-3.4 of this article (including a presently exercisable\npower of appointment) in the appointed trust to one or more of the\ncurrent beneficiaries of the invaded trust, provided that the\nbeneficiary granted a power to appoint could receive the principal\noutright under the terms of the invaded trust.\n (2) If the authorized trustee grants a power of appointment under\nsubparagraph (l) of this paragraph, except as otherwise provided in\nsubparagraph (3) of this paragraph, the granted power may only exclude\nas permissible appointees one or more of the beneficiary, the creator,\nor the creator's spouse, or any of the estates, creditors, or creditors\nof the estates of the beneficiary, the creator or the creator's spouse.\n (3) If the authorized trustee exercises the power under this\nparagraph, the appointed trust may grant any power of appointment\nincluded in the invaded trust provided such power has the same class of\npermissible appointees as the power of appointment in the invaded trust\nand is exercisable in the same fashion as the power of appointment in\nthe invaded trust.\n (4) If the beneficiary or beneficiaries of the invaded trust are\ndescribed by a class, the beneficiary or beneficiaries of the appointed\ntrust may include present or future members of such class.\n (c) An authorized trustee with the power to invade trust principal but\nwithout unlimited discretion may appoint part or all of the principal of\nthe trust to a trustee of an appointed trust, provided that the current\nbeneficiaries of the appointed trust shall be the same as the current\nbeneficiaries of the invaded trust and the successor and remainder\nbeneficiaries of the appointed trust shall be the same as the successor\nand remainder beneficiaries of the invaded trust.\n (1) If the authorized trustee exercises the power under this\nparagraph, the appointed trust shall include the same language\nauthorizing the trustee to distribute the income or invade the principal\nof the appointed trust as in the invaded trust.\n (2) If the authorized trustee exercises the power under this paragraph\nto extend the term of the appointed trust beyond the term of the invaded\ntrust, for any period after the invaded trust would have otherwise\nterminated under the provisions of the invaded trust, the appointed\ntrust, in addition to the language required to be included in the\nappointed trust pursuant to subparagraph (1) of this paragraph, may also\ninclude language providing the trustees with unlimited discretion to\ninvade the principal of the appointed trust during such extended term.\n (3) If the beneficiary or beneficiaries of the invaded trust are\ndescribed by a class, the beneficiary or be
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