A. Except as otherwise provided in Section 306 [46-11-306 N.M. Stat. Ann.] of the Uniform Powers of Appointment Act, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.

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Terms Used In New Mexico Statutes 46-11-307

  • Fraud: Intentional deception resulting in injury to another.

B. An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.