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2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 2: Intestate Succession and Wills, 45-2-101 through 45-2-1116
Section 45-2-704: Power of appointment; meaning of specific reference requirement.


NM Stat § 45-2-704 (1996 through 1st Sess 50th Legis) What's This?

45-2-704. Power of appointment; meaning of specific reference requirement.

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference or a specific reference to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.

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