If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the default clause.
Mont. Code Ann. § 72-7-313
Appointment to taker in default
Known as the Uniform Powers of Appointment Act
The act spans §§ 72–72 (38 sections).
En
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.