N.M. Stat. § 45-2-608

Exercise of power of appointment.

Last amended: 2019Year: 2026Length: 106 wordsOfficial source
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.
N.M. Stat. § 45-2-608: Exercise of power of appointment. | Justis AI