59-615. Devise or bequest to spouse or relative who predeceases testator; "issue" defined.

59-615

Chapter 59.--PROBATE CODE
Article 6.--WILLS

      59-615.   Devise or bequest to spouse or relative who predeceasestestator; "issue" defined.(a) If a devise or bequest is made to a spouse or to any relative bylineal descent or within the sixth degree, whether by blood or adoption,and such spouse or relative dies before the testator, leaving issue whosurvive the testator, such issue shall take the same estate which saiddevisee or legatee would have taken if he or she had survived, unless a differentdisposition is made or required by the will.

      (b)   As used in this section or as used in any will executed on or afterJuly 1, 1973, unless the provisions of such will specifically provide tothe contrary, the term "issue" means offspring, progeny or linealdescendants, by blood or adoption, in whatever degree.

      History:   L. 1939, ch. 180, § 51; L. 1968, ch. 339, §1; L. 1969, ch. 279, § 1; L. 1970, ch. 226, § 1; L. 1973, ch. 230, § 1;July 1.