In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator‘s property, expresses an intention to exercise a power of appointment held by the testator only if

(1) the power is a general power and the creating instrument does not contain a gift if the power is not exercised; or

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Terms Used In Alaska Statutes 13.12.608

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Testator: A male person who leaves a will at death.
(2) the testator’s will manifests an intention to include the property subject to the power.