Section 4-407 - Exercise of power of appointment.

§ 4-407. Exercise of power of appointment.
 

Subject to the terms of the instrument creating the power, a residuary clause in a will exercises a power of appointment held by the testator only if: 

(1) An intent to exercise the power is expressly indicated in the will; or 

(2) The instrument creating the power of appointment fails to provide for disposition of the subject matter of the power upon its nonexercise. 
 

[An. Code 1957, art. 93, § 4-407; 1974, ch. 11, § 2.]