New Jersey Statutes 3B:3-36. Failure of testamentary provision; residuary devise to two or more residuary devisees; death of one or more before testator
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Terms Used In New Jersey Statutes 3B:3-36
- Devise: when used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will. See New Jersey Statutes 3B:1-1
- Devise: To gift property by will.
- Devisee: means any person designated in a will to receive a devise. See New Jersey Statutes 3B:1-1
3B:3-36. Except as provided in N.J.S.3B:3-35:
a. a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
b. if the residue is devised to two or more persons, unless a contrary intention shall appear by the will, the share of a residuary devise that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
L.1981, c.405, s.3B:3-36, eff. May 1, 1982; amended 2004, c.132, s.32.