29A-2-608. Exercise of power of appointment.
98 words·~1 min read·
/sd/title-29/chapter-29-2/29a-2-608A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
(i)the power is a general power and the creating instrument does not contain a gift if the power is not exercised or
(ii)the testator's will manifests an intention to include the property subject to the power.