Texas Estates Code 255.351 – Exercise of Power of Appointment Through Will
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Terms Used In Texas Estates Code 255.351
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Property: means real and personal property. See Texas Government Code 311.005
- Testator: A male person who leaves a will at death.
A testator may not exercise a power of appointment through a residuary clause in the testator’s will or through a will providing for general disposition of all of the testator’s property unless:
(1) the testator makes a specific reference to the power in the will; or
(2) there is some other indication in writing that the testator intended to include the property subject to the power in the will.