N.M. Stat. § 45-2-608
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:
A. 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
B. the testator's will manifests an intention to include the property subject to the
power.