72-2-618. Exercise of power of appointment. - Montana Statutes

     72-2-618. Exercise of power of appointment. In the absence of a requirement that a power of appointment be exercised by a reference to the power 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:
     (1) the power is a general power and the creating instrument does not contain a gift if the power is not exercised; or
     (2) the testator's will manifests an intention to include the property subject to the power.

     History: En. 91A-2-610 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-610; amd. Sec. 45, Ch. 494, L. 1993; Sec. 72-2-518, MCA 1991; redes. 72-2-618 by Code Commissioner, 1993.