75-2-704 - Power of appointment -- Meaning of specific reference requirement.
75-2-704. Power of appointment -- Meaning of specific reference requirement.
If a governing instrument creating a power of appointment expressly requires that thepower be exercised by a reference, an express reference, or a specific reference, to the power orits source, it is presumed that the donor's intention, in requiring that the donee exercise the powerby making reference to the particular power or to the creating instrument, was to prevent aninadvertent exercise of the power.
Enacted by Chapter 39, 1998 General Session