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 […]
Section 43-8-231 – Ademption by Satisfaction.
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 […]
Section 43-8-250 – Contracts Concerning Succession, etc.; No Presumption of Nonrevocation From Joint or Mutual Wills.
Section 43-8-250 Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1983, can be established only by: (1) Provisions of a will stating material provisions of […]