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 § 30.1-09-05

Title 30.1Uniform Probate Code

Ch. 30.1-09Rules of Construction - Contractual Arrangements Relating to Death

This text of North Dakota § 30.1-09-05 ((2-603) Antilapse - Deceased devisee - Class gifts) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-09-05 (2026).

Text

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.