Decedent's will states that, upon the death of my husband, property shall be distributed to my siblings and their issue as he shall so appoint. If he fails to appoint, then in equal shares to my nieces and nephews then living. This is an example of which type of power?

Decedent's will states that, upon the death of my husband, property shall be distributed to my siblings and their issue as he shall so appoint. If he fails to appoint, then in equal shares to my nieces and nephews then living. This is an example of which type of power?

• A. A general power of appointment
• B. A general power of attorney
• C. A limited power of appointment
• D. A limited power of attorney

Answer: (C)

This item tests understanding of a power of appointment in a will and how to tell a general from a limited (special) power. The husband is given the right to designate who among a defined group will receive the decedent’s property—siblings and their issue—under the testator’s directions. Because the appointment is restricted to a specific set of potential beneficiaries (siblings and their issue) and not to the power holder himself, or to a broad class, the power is limited. The fallback provision—if the husband does not exercise the power, the property goes to nieces and nephews in equal shares—further shows the grant is confined to particular beneficiaries rather than open-ended. A general power would allow the holder to appoint to himself, his estate, or broadly to anyone; this grant does not, so it’s not a general power. A power of attorney is a different concept altogether, relating to managing another’s affairs during life, not distributing property at death.

This item tests understanding of a power of appointment in a will and how to tell a general from a limited (special) power. The husband is given the right to designate who among a defined group will receive the decedent’s property—siblings and their issue—under the testator’s directions. Because the appointment is restricted to a specific set of potential beneficiaries (siblings and their issue) and not to the power holder himself, or to a broad class, the power is limited. The fallback provision—if the husband does not exercise the power, the property goes to nieces and nephews in equal shares—further shows the grant is confined to particular beneficiaries rather than open-ended. A general power would allow the holder to appoint to himself, his estate, or broadly to anyone; this grant does not, so it’s not a general power. A power of attorney is a different concept altogether, relating to managing another’s affairs during life, not distributing property at death.