Montana Code 72-7-306. Appointment to deceased appointee or permissible appointee’s descendant
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72-7-306. Appointment to deceased appointee or permissible appointee‘s descendant. (1) Subject to the antilapse provisions of 72-2-613, an appointment to a deceased appointee is ineffective.
Terms Used In Montana Code 72-7-306
- Appointee: means a person to which a powerholder makes an appointment of appointive property. See Montana Code 72-7-102
- Instrument: means a writing. See Montana Code 72-7-102
- Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Montana Code 72-7-102
- Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Montana Code 72-7-102
- Powerholder: means a person in whom a donor creates a power of appointment. See Montana Code 72-7-102
(2)Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.