957

(a) General.--In determining the New York gross estate, there shall be added to the federal gross estate of a deceased resident the value of all property (other than real and tangible personal property situated outside New York state) passing under a limited power of appointment exercised by the decedent (A) by will or (B) by a disposition which is of such nature that if it were a transfer of property owned by him, such property would be includible in his federal gross estate under section two thousand thirty-five, two thousand thirty-six, two thousand thirty-seven or two thousand thirty-eight of the internal revenue code. (b) Definition.-- For purposes of this section, a limited power of appointment means a power-- (1) with respect to property which is not or was not subject to New York death tax in the estate of the grantor of such power, but would have been so taxable except for a statute providing that the tax on the transfer of such property should be imposed in the estate of the grantee of such power in the event of its exercise; and (2) the exercise of which has

cept for a statute providing that the tax on the transfer of such property should be imposed in the estate of the grantee of such power in the event of its exercise; and (2) the exercise of which has not required the inclusion of the property in the decedent's federal gross estate under section two thousand forty-one of the internal revenue code (relating to general powers of appointment).