(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.
Neb. Rev. Stat. § 30-2344
Failure of testamentary provision
Applied in 3 court decisions — leading case Nalezinek v. Union Bank & Trust Co. (2001)
Most recently applied in Nalezinek v. Union Bank & Trust Co. (June 2001)
Laws 1974, LB 354, § 66, UPC § 2-606.
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.