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§ 29a-2-608 — South Dakota Law | CourtGPT
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  6. § 29a-2-608
South Dakota Legal Code

§ 29a-2-608

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29A-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 (i) the power is a general power and the creating instrument does not contain a gift if the power is not exercised or (ii) the testator's will manifests an intention to include the property subject to the power. Source: SL 1995, ch 167, §2-608.

29A-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 (i) the power is a general power and the creating instrument does not contain a gift if the power is not exercised or (ii) the testator's will manifests an intention to include the property subject to the power. Source: SL 1995, ch 167, §2-608.