N.M. Stat. § 45-2A-11
Powers of appointment.
A. A will incorporating by reference the terms of the Uniform Statutory Will Act does
not exercise a power of appointment unless:
(1)
the will complies with any conditions imposed on the exercise of the
power;
(2)
the appointment is within the scope of the power; and
(3)
the will expressly refers to the power or expresses an intent to exercise
any power of appointment held by the testator.
B. If a power of appointment is exercised as provided in Subsection A of this
section, the appointed property passes as part of the statutory-will estate unless the will
provides otherwise.