In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if
(1) the power is a general power and the creating instrument does not contain a gift if the power is not exercised; or
(2) the testator's will manifests an intention to include the property subject to the power.
Section: Previous 13.12.601 13.12.602 13.12.603 13.12.604 13.12.605 13.12.606 13.12.607 13.12.608 13.12.609 NextLast modified: November 15, 2016