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A.R.S. § 14-2704

Power of appointment; exercise by reference; presumption

Applied in 1 court decision — leading case Wetherill v. Basham (2000)

Most recently applied in Wetherill v. Basham (January 2000)

If a governing instrument that creates a power of appointment expressly requires that the power be exercised by a reference, an express reference or a specific reference to the power or its source, it is presumed that the donor's intention was to prevent an inadvertent exercise of the power.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.