75-2-604 - Failure of testamentary provision.
75-2-604. Failure of testamentary provision.
(1) Except as provided in Section 75-2-603, a devise, other than a residuary devise, thatfails for any reason becomes a part of the residue.
(2) Except as provided in Section 75-2-603, if the residue is devised to two or morepersons, the share of a residuary devisee that fails for any reason passes to the other residuarydevisee, or to other residuary devisees in proportion to the interest of each in the remaining part ofthe residue.
Repealed and Re-enacted by Chapter 39, 1998 General Session