There is a newer version of the New Mexico Statutes
2014 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Section 2 Intestate Succession and Wills
Section 6 RULES OF CONSTRUCTION FOR WILLS
Section 45-2-608 Exercise of power of appointment.
NM Stat § 45-2-608 (2014) What's This?
45-2-608. 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:
A. the power is a general power and the creating instrument does not contain a gift if the power is not exercised; or
B. the testator's will manifests an intention to include the property subject to the power.
History: 1953 Comp., 32A-2-608, enacted by Laws 1976 (S.S.), ch. 37, 5; repealed and reenacted by Laws 1993, ch. 174, 47.
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