Failure of testamentary provision
Applied in 3 court decisions — leading case Matter of Estate of Jetter (1997)
Most recently applied in Estate of Schmeling (April 2024)
Source: SL 1995, ch 167, § 2-604.
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) A devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(b) A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise 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: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.