2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 2: Intestate Succession and Wills, 45-2-101 through 45-2-1116
Section 45-2-608: Exercise of power of appointment.
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.
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