72-7-204. Exception to presumption of unlimited authority

MT Code § 72-7-204 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

72-7-204. Exception to presumption of unlimited authority. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:

(1) the power is exercisable only at the powerholder's death; and

(2) the permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.

History: En. Sec. 8, Ch. 293, L. 2015.