633.268 - PRESUMPTION ATTENDING DEVISE TO SPOUSE.
633.268 PRESUMPTION ATTENDING DEVISE TO SPOUSE. Where the testator's spouse is named as a devisee in a will, it shall be presumed, unless the intent is clear and explicit to the contrary, and except as provided in section 633.272, that such devise is in lieu of the intestate share and homestead rights of the surviving spouse.
Section History: Early Form [C97, § 3270; C24, 27, 31, 35, 39, § 11847; C46, 50, 54, 58, 62, § 633.2; C66, 71, 73, 75, 77, 79, 81, § 633.268]