New Mexico Statutes 45-2A-11. Powers of appointment
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A. A will incorporating by reference the terms of the Uniform Statutory Will Act does not exercise a power of appointment unless:
Terms Used In New Mexico Statutes 45-2A-11
- Testator: A male person who leaves a will at death.
power;
(1) the will complies with any conditions imposed on the exercise of the (2) the appointment is within the scope of the power; and
(3) the will expressly refers to the power or expresses an intent to exercise any power of appointment held by the testator.
B. If a power of appointment is exercised as provided in Subsection A of this section, the appointed property passes as part of the statutory-will estate unless the will provides otherwise.