Sec. 13.12.608. Exercise of power of appointment.
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Sec. 13.12.608. Exercise of power of appointment.
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.