§31-43. When a general gift by will operates as an exercise of power of appointment

A general devise of the real property of the testator, or of the testator's real property in any place or in the occupation of any person mentioned in the will, or otherwise described in a general manner, shall be construed to include any real property, or any real property to which such description shall extend, as the case may be, which the testator may have power to appoint in any manner the testator may think proper; and shall operate as an exercise of such power, unless a contrary intention shall appear by the will; and in like manner a devise of the personal property of the testator, or any devise of personal property, described in a general manner, shall be construed to include any personal property, or any personal property to which such description shall extend, as the case may be, which the testator may have power to appoint in any manner the testator may think proper, and shall operate as an exercise of such power, unless a contrary intention shall appear by the will.

(1844, c. 88, s. 5; R.C., c. 119, s. 8; Code, s. 2143; Rev., s. 3143; C.S., s. 4167; 2011-284, s. 34; 2011-344, s. 8.)