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2017 Montana Code Annotated
TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT
Part 3. Exercise of Power of Appointment
72-7-306. Appointment to deceased appointee or permissible appointee's descendant
Universal Citation: MT Code § 72-7-306 (2017)
72-7-306. Appointment to deceased appointee or permissible appointee's descendant. (1) Subject to the antilapse provisions of 72-2-613, an appointment to a deceased appointee is ineffective.
(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
History: En. Sec. 16, Ch. 293, L. 2015.
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