Section 43-8-298 – Applicability of Article.
Section 43-8-298 Applicability of article. An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally […]
Section 43-8-222 – Controlling Effect of Intention of Testator.
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.
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.
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.
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.
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.
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.
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.
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.
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 […]