§ 31-43. General gift by will an execution of power of appointment. - North Carolina Statutes

§31‑43.  General gift by will an execution of power of appointment.

A general devise of the realestate of the testator, or of his real estate in any place or in the occupationof any person mentioned in the will, or otherwise described in a general manner,shall be construed to include any real estate, or any real estate to which suchdescription shall extend, as the case may be, which he may have power toappoint in any manner he may think proper; and shall operate as an execution ofsuch power, unless a contrary intention shall appear by the will; and in likemanner a bequest of the personal estate of the testator, or any bequest ofpersonal property, described in a general manner, shall be construed to includeany personal estate, or any personal estate to which such description shallextend, as the case may be, which he may have power to appoint in any manner hemay think proper, and shall operate as an execution of such power, unless acontrary intention shall appear by the will. (1844, c. 88, s. 5; R.C., c.119, s. 8; Code, s. 2143; Rev., s. 3143; C.S., s. 4167.)