30-2344. Failure of testamentary provision.
152 words·~1 min read·
/ne/chapter-30/30-2344A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
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).