Section 43-8-202 – Contest in Circuit Court After Admission to Probate – Trial of Issues by Jury; Consideration of Witnesses’ Testimony.
Section 43-8-202 Contest in circuit court after admission to probate – Trial of issues by jury; consideration of witnesses’ testimony. The circuit court may, in such case, direct an issue to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge, the testimony of the witnesses reduced […]
Section 43-8-253 – Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designations; Effect of Bona Fide Purchase by Third Party or Good Faith Payment by Obligor, Etc.
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance and beneficiary designations; effect of bona fide purchase by third party or good faith payment by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or […]
Section 43-8-220 – Requirement That Devisee Survive Testator by Five Days.
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 43-8-254 – Appointment of Debtor as Executor.
Section 43-8-254 Appointment of debtor as executor. The appointment of a debtor as an executor is not a discharge of the debt, unless it is so directed in the will. (Code 1852, §1606; Code 1867, §1927; Code 1876, §2291; Code 1886, §1952; Code 1896, §4258; Code 1907, §6167; Code 1923, §10592; Code 1940, T. 61, […]
Section 43-8-221 – Choice of Law as to Meaning and Effect of Wills.
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 43-8-255 – Administrators With Will Annexed Have Same Powers as Executors.
Section 43-8-255 Administrators with will annexed have same powers as executors. Administrators with the will annexed have the same powers and authority over the estates which executors named in the will would have, and their acts are as effectual for all purposes. (Code 1923, §10595; Code 1940, T. 61, §22; Code 1975, §43-1-18.)
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 […]