Capture doctrine -- Disposition of ineffectively appointed property under general power.

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  • (1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or
  • (2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:
    • (a) passes to:
      • (i) the powerholder if the powerholder is a permissible appointee and is living; or
      • (ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or
    • (b) if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.




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