Indiana Statutes

§ 30-4-1-8 — Effect of requirement of exercising power of appointment by reference

Indiana § 30-4-1-8
JurisdictionIndiana
Art. 4TRUST CODE
Ch. 1General Provisions

This text of Indiana § 30-4-1-8 (Effect of requirement of exercising power of appointment by reference) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ind. Code § 30-4-1-8 (2026).

Text

If a trust creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference to the power or its source, it is presumed that the settlor's intention, in requiring that the grantee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.

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Related

Goodwine v. Goodwine
819 N.E.2d 824 (Indiana Court of Appeals, 2004)
22 case citations
Westervelt v. First Interstate Bank of Northern Indiana
551 N.E.2d 1180 (Indiana Court of Appeals, 1990)
3 case citations

Legislative History

As added by P.L.252-2001, SEC.30.

Nearby Sections

15
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Bluebook (online)
Indiana § 30-4-1-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/30-4-1-8.