Section 45-2-608 - Exercise of power of appointment. - New Mexico Statutes

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 and the creating instrument does not contain a gift if the power is not exercised; or   

B.     the testator's will manifests an intention to include the property subject to the power.