If a devisee related to the testator in any degree of kinship is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.
Neb. Rev. Stat. § 30-2343
Anti-lapse; deceased devisee; class gifts
Applied in 4 court decisions — leading case Nalezinek v. Union Bank & Trust Co. (2001)
Most recently applied in 93 Conn. App. 432 - Ruotolo v. Tietjen (January 2006)
Laws 1974, LB 354, § 65, UPC § 2-605.
How often courts cite this section
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.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.