(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) satisfy the requirements of exercise, if any, imposed by the donor; and
(a) manifest the powerholder's intent to exercise the power; and
(b) 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.
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