Tex.
Est. Code Section 255.152
Failure of Devise; Effect on Residuary Estate
(a)
Except as provided by Sections 255.153 (Disposition of Property to Certain Devisees Who Predecease Testator) and 255.154 (Devisee Under Class Gift), if a devise, other than a residuary devise, fails for any reason, the devise becomes a part of the residuary estate.(b)
Except as provided by Sections 255.153 (Disposition of Property to Certain Devisees Who Predecease Testator) and 255.154 (Devisee Under Class Gift), if the residuary estate is devised to two or more persons and the share of one of the residuary devisees fails for any reason, that residuary devisee’s share passes to the other residuary devisees, in proportion to the residuary devisee’s interest in the residuary estate.(c)
Except as provided by Sections 255.153 (Disposition of Property to Certain Devisees Who Predecease Testator) and 255.154 (Devisee Under Class Gift), the residuary estate passes as if the testator had died intestate if all residuary devisees:(1)
are deceased at the time the testator’s will is executed;(2)
fail to survive the testator; or(3)
are treated as if the residuary devisees predeceased the testator.(d)
Unless the will provides otherwise, Subsections (a), (b), and (c) do not apply to a devise to a charitable trust, as defined by Section 123.001 (Definitions), Property Code.
Source:
Section 255.152 — Failure of Devise; Effect on Residuary Estate, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.255.htm#255.152 (accessed May 4, 2024).
