30-4612. Intent to exercise: Determining intent from residuary clause.(a) In this section:(1) Residuary clause does not include a residuary clause containing a blanket exercise clause or a specific exercise clause.(2) Will includes a codicil and a testamentary instrument that revises another will.(b) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:(1) the terms of the instrument containing the residuary clause do not manifest a contrary intent;(2) the power is a general power exercisable in favor of the powerholder's estate;(3) there is no gift in default clause or the clause is ineffective; and(4) the powerholder did not release the power.Source Laws 2021, LB501, § 35.
Nebraska Legal Code