North Dakota § 30.1-09-05 (2-603) Antilapse - Deceased devisee - Class gifts

North Dakota Statutes

§ 30.1-09-05 — (2-603) Antilapse - Deceased devisee - Class gifts

North Dakota·Title 30.1 Uniform Probate Code·Ch. 30.1-09 Rules of Construction - Contractual Arrangements Relating to Death

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 the
devisee predeceased the testator, the issue of the deceased devisee who survive the testator
by one hundred twenty hours take in place of the deceased devisee and if they are all of the
same degree of kinship to the devisee they take equally, but if of unequal degree, then those of
more remote degree take by representation. One who would have been a devisee under a class
gift if that person had survived the testator is treated as a devisee for purposes of this section
where that person's death occurred before or after the execution of the will.

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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 the
devisee predeceased the testator, the issue of the deceased devisee who survive the testator
by one hundred twenty hours take in place of the deceased devisee and if they are all of the
same degree of kinship to the devisee they take equally, but if of unequal degree, then those of
more remote degree take by representation. One who would have been a devisee under a class
gift if that person had survived the testator is treated as a devisee for purposes of this section
where that person's death occurred before or after the execution of the will.

North Dakota § 30.1-09-05 ((2-603) Antilapse - Deceased devisee - Class gifts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.