72-2-601. Renumbered 72-2-331

72-2-601. Renumbered 72-2-331. Code Commissioner, 1993.

72-2-602. Renumbered 72-2-332

72-2-602. Renumbered 72-2-332. Code Commissioner, 1993.

72-2-603. through 72-2-610 reserved

72-2-603 through 72-2-610 reserved.

72-2-611. Scope

72-2-611. Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will. History: En. Sec. 47, Ch. 494, L. 1993.

72-2-612. Will may pass all property and after-acquired property

72-2-612. Will may pass all property and after-acquired property. A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator’s death. History: En. 91A-2-604 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-604; amd. Sec. 37, Ch. 494, L. 1993; Sec. 72-2-502, […]

72-2-613. Antilapse — deceased devisee — class gifts

72-2-613. Antilapse — deceased devisee — class gifts. (1) As used in this section, the following definitions apply: (a) ”Alternative devise” means a devise that is expressly created by the will and that under the terms of the will may take effect instead of another devise on the happening of one or more events, including survival of […]

72-2-614. Failure of testamentary provision

72-2-614. Failure of testamentary provision. (1) Except as provided in 72-2-613, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. (2) Except as provided in 72-2-613, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes […]

72-2-615. Increase in securities — accessions

72-2-615. Increase in securities — accessions. (1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed […]

72-2-616. Nonademption of specific devises — unpaid proceeds of sale, condemnation, or insurance — sale by conservator or agent

72-2-616. Nonademption of specific devises — unpaid proceeds of sale, condemnation, or insurance — sale by conservator or agent. (1) A specific devisee has the right to the specifically devised property in the testator’s estate at death and: (a) any balance of the purchase price, together with any security interest, owing from a purchaser to the testator […]

72-2-617. Nonexoneration

72-2-617. Nonexoneration. A specific devise passes subject to any security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. History: En. 91A-2-609 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-609; amd. Sec. 41, Ch. 494, L. 1993; Sec. 72-2-514, MCA 1991; redes. […]

72-2-618. Repealed

72-2-618. Repealed. Sec. 40, Ch. 293, L. 2015. History: En. 91A-2-610 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-610; amd. Sec. 45, Ch. 494, L. 1993; Sec. 72-2-518, MCA 1991; redes. 72-2-618 by Code Commissioner, 1993.

72-2-619. Ademption by satisfaction

72-2-619. Ademption by satisfaction. (1) Property that a testator gave in the testator’s lifetime to a person is treated as a satisfaction of a devise in whole or in part only if: (a) the will provides for deduction of the gift; (b) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise […]