Section 43-8-220 Requirement that devisee survive testator by five days. A devisee who does not survive the testator by five days is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the […]
Section 43-8-221 Choice of law as to meaning and effect of wills. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his instrument unless the application of that law is contrary to the provisions relating to the […]
Section 43-8-222 Controlling effect of intention of testator. The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will. (Acts 1982, No. 82-399, §2-603.)
Section 43-8-223 Construction of will to pass all property, including after-acquired property. A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will. (Acts 1982, No. 82-399, §2-604.)
Section 43-8-224 Anti-lapse provision; applicability to deceased devisees and to class gifts. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue […]
Section 43-8-225 Effect of failure of testamentary provisions. (a) Except as provided in section 43-8-224 if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (b) Except as provided in section 43-8-224 if the residue is devised to two or more persons and the share of […]
Section 43-8-226 Specific devise of securities; change in securities; accessions; nonademption. (a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) As much of the devised securities as is a part of the estate at time of the testator’s death; […]
Section 43-8-227 Nonademption of specific devises in certain cases; proceeds of sale, condemnation, insurance or foreclosure; sale by guardian or curator. (a) A specific devisee has the right to the remaining specifically devised property and: (1) Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at […]
Section 43-8-228 Nonexoneration. A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. (Acts 1982, No. 82-399, §2-609.)
Section 43-8-229 Exercise of power of appointment. A general residuary clause in a will, or a will making general disposition of all of the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include […]
Section 43-8-230 Construction of generic terms to accord with relationships as defined for intestate succession; when person born out of wedlock treated as child of father. Half-bloods, adopted persons, and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of […]
Section 43-8-231 Ademption by satisfaction. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is […]
