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

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.

Legislative History

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