North Dakota § 30.1-09.1-04 (2-704) Power of appointment - Meaning of specific reference requirement

North Dakota Statutes

§ 30.1-09.1-04 — (2-704) Power of appointment - Meaning of specific reference requirement

North Dakota § 30.1-09.1-04

Title 30.1Uniform Probate Code

Ch. 30.1-09.1Rules of Construction of Governing Instrument

This text of North Dakota § 30.1-09.1-04 ((2-704) Power of appointment - Meaning of specific reference requirement) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-09.1-04 (2026).

Text

requirement.
If a governing instrument 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 donor's intention, in requiring that the donee 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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requirement.
If a governing instrument 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 donor's intention, in requiring that the donee exercise the power
by making reference to the particular power or to the creating instrument, was to prevent an
inadvertent exercise of the power.