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Home » US Law » 2022 Rhode Island General Laws » Title 33 - Probate Practice and Procedure » Chapter 33-6 - Proof and Construction of Wills

Section 33-6-1. – Gifts to attesting witnesses.

§ 33-6-1. Gifts to attesting witnesses. If any person shall attest the execution of any will or codicil to whom any beneficial devise, legacy, estate, interest, gift, or appointment, or affecting any real or personal estate, other than and except charges and direction for the payment of any debt or debts, shall be thereby given […]

Section 33-6-10. – Limitation on fee tail.

§ 33-6-10. Limitation on fee tail. No person seised in fee simple shall have a right to devise any estate in fee tail for a longer time than to the children of the first devisee; and a devise for life to any person and to the children or issue generally of the devisee in fee […]

Section 33-6-11. – Death of devisee in tail in lifetime of testator.

§ 33-6-11. Death of devisee in tail in lifetime of testator. Where any person to whom real estate shall be devised an estate tail, or an estate in quasi entail, shall die in the lifetime of the testator, leaving issue who would be inheritable under the entail, and any issue shall be living at the […]

Section 33-6-12. – Commencement of income estate.

§ 33-6-12. Commencement of income estate. When an annuity or the use, rent, income, or interest of property, real or personal, is given by a will, or by an instrument in the nature of a will, to or in trust for the benefit of a person for life or until the happening of a contingent […]

Section 33-6-13. – Apportionment on termination of income estate.

§ 33-6-13. Apportionment on termination of income estate. If the person entitled to an annuity, use, rent, income or interest dies, or if a contingent event happens, before the termination of a year from a time when the whole of the annual amount for the preceding year has become due, the annuity, use, rent, income […]

Section 33-6-14. – Suit for recovery of income from executor.

§ 33-6-14. Suit for recovery of income from executor. No suit for the recovery of an annuity or interest shall be brought against an executor until the expiration of one year after his or her giving bond for the discharge of his or her trust. History of Section.G.L. 1896, ch. 203, § 40; G.L. 1909, […]

Section 33-6-15. – Interest on general pecuniary legacies.

§ 33-6-15. Interest on general pecuniary legacies. Unless otherwise provided in the will, a general pecuniary legatee shall not be entitled to interest on his or her legacy for the period of one year from and after the death of the testator. After the one year period the executor or administrator with the will annexed, […]

Section 33-6-16. – Life estate or term for years in property consumed by use.

§ 33-6-16. Life estate or term for years in property consumed by use. When a testator shall by will bequeath the use for life or for a term of years of any livestock, provisions, wearing apparel, or other personal property, which will necessarily be consumed by using, the bequest shall give to the legatee an […]

Section 33-6-17. – General devises and bequests.

§ 33-6-17. General devises and bequests. A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his or her will, or otherwise described in a general manner, shall be construed to include any real estate […]

Section 33-6-18. – Devise of lands of which testator is not seised.

§ 33-6-18. Devise of lands of which testator is not seised. When a person devises lands of which he or she is not seised, but in which he or she has a right of entry, or when a testator after making a will is disseised of lands devised by the will, the lands shall nevertheless […]

Section 33-6-19. – Substitution of issue for beneficiary predeceasing testator.

§ 33-6-19. Substitution of issue for beneficiary predeceasing testator. When any person to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of that person, shall die in the lifetime of the testator, leaving issue, and any issue of that person […]

Section 33-6-2. – Creditor attesting.

§ 33-6-2. Creditor attesting. In case by any will or codicil any real or personal estate shall be charged with any debt or debts, and any creditor whose debt is so charged shall attest the execution of the will or codicil, the creditor, notwithstanding the charge, shall be admitted as a witness to prove the […]

Section 33-6-20. – Devisee or legatee predeceased without issue.

§ 33-6-20. Devisee or legatee predeceased without issue. Unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise contained in the will, which shall fail or be void by reason of the death of the devisee in the […]

Section 33-6-21, 33-6-22. – Repealed.

§ 33-6-21, 33-6-22. Repealed. History of Section.G.L. 1896, ch. 203, § 12; G.L. 1909, ch. 254, §§ 12, 21; G.L. 1923, ch. 298, §§ 12, 21; G.L. 1938, ch. 566, §§ 12, 21; P.L. 1942, ch. 1119, § 1; Repealed by P.L. 1995, ch. 323, § 25, effective July 5, 1995.

Section 33-6-23. – Pretermitted issue.

§ 33-6-23. Pretermitted issue. When a testator omits to provide in his or her will for any child of his or hers born after the execution of his or her will, either during his or her lifetime or after his or her death, or for any issue of a deceased child of his or hers […]

Section 33-6-24. – Apportionment of share taken by pretermitted child.

§ 33-6-24. Apportionment of share taken by pretermitted child. When a posthumous child, or a child, or the issue of a child, omitted in the will, takes under the provisions of § 33-6-23 a portion of the estate of a testator, that portion shall be taken equally from all the devisees and legatees in proportion […]

Section 33-6-25. – Repealed.

§ 33-6-25. Repealed. History of Section.G.L. 1896, ch. 203, § 25; G.L. 1909, ch. 254, § 25; G.L. 1923, ch. 298, § 25; G.L. 1938, ch. 566, § 24; Repealed by P.L. 1995, ch. 323, § 25, effective July 5. 1995.

Section 33-6-26. – Intent of testator as to apportionment of debts.

§ 33-6-26. Intent of testator as to apportionment of debts. In case the testator, by making a specific devise or bequest, has virtually exempted a devisee or legatee from liability to contribute with the others for the payment of debts, or if by any other provisions in his or her will he or she has […]

Section 33-6-27. – Contribution by pretermitted issue to payment of debts.

§ 33-6-27. Contribution by pretermitted issue to payment of debts. When a posthumous child, or a child, or the issue of a child, omitted in the testator’s will, takes under § 33-6-23 a portion of the estate of a testator, that portion of the estate shall, for all purposes of §§ 33-6-25 and 33-6-26, be […]