4 Ohio Transaction Guide § 67.23

Summary

If a testator wishes to use a residuary clause to exercise a power of appointment he or she holds, specific reference must be made to the power of appointment. A general residuary clause that makes no reference to a testator’s power of appointment is not presumed to exercise the power of appointment [Kiplinger v. Armstrong (App. Summit County 1930), 34 Ohio App. 348, 8 Ohio Law Abs. 286, 171 N.E. 245], and no provision of a will exercises a power of appointment held by the testator unless specific reference is made to the power [Ohio Rev. Code Ann. § 2107.521]. For further discussion, see Ch. 87, Powers of Appointment.