Failure of testamentary provision; effect
Applied in 4 court decisions — leading case In Re Estate of McFarland (2005)
Most recently applied in In Re Estate of Zilles (December 2008)
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A. Except as provided in section 14-2603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
B. Except as provided in section 14-2603, if the residue is devised to two or more persons, the share of a residuary devisee 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.
Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.