A power of appointment is exercised only:

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Terms Used In Nebraska Statutes 30-4611

  • Donor: The person who makes a gift.

(1) if the instrument exercising the power is valid under applicable law;

(2) if the terms of the instrument exercising the power:

(A) manifest the powerholder’s intent to exercise the power; and

(B) subject to section 30-4614, satisfy the requirements of exercise, if any, imposed by the donor; and

(3) to the extent the appointment is a permissible exercise of the power.