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appointment regardless of the nomenclature used in
creating the power and regardless of local property law
connotations. For example, if a trust instrument
provides that the beneficiary may appropriate or con-
sume the principal of the trust, the power to consume
or appropriate is a power of appointment. * * *
Sec. 20.2041-1(b)(1), Estate Tax Regs.
The regulations under section 2041(b)(1) elaborate as
follows on the definition of the term “general power of appoint-
ment” set forth in that section:
(c) Definition of “general power of appointment”–-
(1) In general. The term “general power of appoint-
ment” as defined in section 2041(b)(1) means any power
of appointment exercisable in favor of the decedent,
his estate, his creditors, or the creditors of his
estate, except (i) joint powers, to the extent provided
in � � 20.2041-2 and 20.2041-3 * * * A power of ap-
pointment is not a general power if by its terms it is
either--
(a) Exercisable only in favor of one or more
designated persons or classes other than the decedent
or his creditors, or the decedent’s estate or the
creditors of his estate, or
(b) Expressly not exercisable in favor of the
decedent or his creditors, or the decedent’s estate or
the creditors of his estate.
Sec. 20.2041-1(c)(1), Estate Tax Regs.
Although the estate’s position on brief regarding the power
of appointment with respect to one-sixth of the principal of the
testamentary trust is difficult to understand, as best we can
comprehend it, the estate’s position is that, because the testa-
mentary trust gave to decedent the power to “designate and
appoint” in her will the persons to take one-sixth of the princi-
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