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 clause.
§ 46-11-313 NMSA 1978
Appointment to taker in default
Known as the Uniform Powers of Appointment Act
The act spans §§ 46–46 (38 sections).
Laws 2016, ch. 69, § 313.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.