---
title: O.C.G.A. § 23-2-117. When release, relinquishment, or covenant as to exercise of power of appointment authorized.
collection: code
id: 23-2-117
cite_as: O.C.G.A. § 23-2-117 (2025)
canonical_url: https://georgiacommons.org/code/23-2-117
md_url: https://georgiacommons.org/code/23-2-117.md
text_url: https://georgiacommons.org/code/23-2-117/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t22-t23-(v19)-2020-pdf.pdf?sfvrsn=a1dfc71e_0#page=441
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/23-2.md
previous: https://georgiacommons.org/code/23-2-116.md
next: https://georgiacommons.org/code/23-2-118.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EQUITY / GROUNDS FOR EQUITABLE RELIEF / EXERCISE OF POWERS OF APPOINTMENT AND SALE
---

# O.C.G.A. § 23-2-117. When release, relinquishment, or covenant as to exercise of power of appointment authorized.

Any person holding a power of appointment, general or special, whether exercisable by deed or by will only or otherwise, and whether reserved by the holder of the power or conferred upon him by another, may, as to all or any part of the property covered by the power of appointment, release or relinquish the power completely, or may release or relinquish the right to exercise the power except among a limited class set out in the release or relinquishment, or may covenant that the power will be exercised only in favor of the members of a limited class; and any such release, relinquishment, or covenant executed and delivered as provided in Code Sections 23-2-118 and 23-2-119 shall be valid and binding, whether with or without a consideration, provided that no such release, relinquishment, or covenant shall have the effect of permitting the property to be appointed to a person not permitted by the original power.

## History

Ga. L. 1945, p. 340, § 1.