§ 560-2-608

§560:2-608 Exercise of power of appointment. In the absence of a requirement that a power of appointment be exercised by a reference 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, shall be deemed to express an intention to exercise a power of appointment held by the testator only if: (1) The power is a general power exercisable in favor of the powerholder's estate, and the creating instrument does not contain an effective gift if the power is not exercised; or (2) The testator's will manifests an intention to include the property subject to the power. [L 1996, c 288, pt of §1; am L 2023, c 158, §28]