West Virginia § 41-3-6 - 41-3-6. Operation of devise or bequest as exercise of power of appointment.
Full text of West Virginia West Virginia Code § 41-3-6 — 41-3-6. Operation of devise or bequest as exercise of power of appointment., with citation guidance and answers to common questions.
§ 41-3-6. 41-3-6. Operation of devise or bequest as exercise of power of appointment.
A devise or bequest shall extend to any real or personal estate which the testator has power to appoint as he may think proper, and to which it would apply if the estate were his own property, and shall be construed to operate as an exercise of such power with respect to such property unless a contrary intention shall appear by the will of said testator, or unless:
(a) The instrument creating said power of appointment (whether said instrument was executed before or after the effective date of this section) provides that such power must be specifically referred to and expressly exercised; and
(b) The instrument creating said power of appointment contains a provision disposing of said real or personal estate in the event of the failure of the donee of the power to so exercise said power.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 41-3-6
What does West Virginia Code § 41-3-6 cover?
Section 41-3-6 ("41-3-6. Operation of devise or bequest as exercise of power of appointment.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 41-3-6?
A common citation format is "West Virginia Code § 41-3-6" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 41-3-6 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.