Montana Code 72-7-403. Method of release
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72-7-403. Method of release. A powerholder of a releasable power of appointment may release the power in whole or in part:
Terms Used In Montana Code 72-7-403
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Instrument: means a writing. 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
- Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Montana Code 72-7-102
- Writing: includes printing. See Montana Code 1-1-203
(1)by substantial compliance with a method provided in the terms of the instrument creating the power; or
(2)if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a writing manifesting the powerholder’s intent by clear and convincing evidence.