Nebraska § 30-2344 Failure of testamentary provision

Nebraska Statutes

§ 30-2344 — Failure of testamentary provision

Nebraska § 30-2344

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-2344 (Failure of testamentary provision) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-2344 (2026).

Text

(a)Except as provided in section 30-2343 , if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.

(b)Except as provided in section 30-2343 , if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.

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(a) Except as provided in section 30-2343 , if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(b) Except as provided in section 30-2343 , if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.

Legislative History

Source: Laws 1974, LB 354, § 66, UPC § 2-606. Annotations: The term "other residuary devisee" in subsection (b) of this section includes residuary devisees specifically named in the will and those who take in their place by operation of section 30-2343. Nothing in section 30-2343 or subsection (b) of this section places any limitation upon the estate which passes to the issue of a deceased devisee by operation of section 30-2343. In re Estate of Eickmeyer, 262 Neb. 17, 628 N.W.2d 246 (2001).