A. Except as provided in Section 45-2-603 NMSA 1978, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
B. Except as provided in Section 45-2-603 NMSA 1978, 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.
History: 1953 Comp., § 32A-2-604, enacted by Laws 1975, ch. 257, § 2-604; repealed and reenacted by Laws 1993, ch. 174, § 43.
ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-604 UPC.
Repeals and reenactments. — Laws 1993, ch. 174, § 43 repealed former 45-2-604 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-604, relating to the construction of a will, and enacted a new section, effective July 1, 1993.
Cross references. — For definition of "property", see 45-1-201 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills §§ 1671, 1688, 1695.
Validity, construction and effect of express provisions in will for severance of good from bad in event of partial invalidity, 80 A.L.R. 1210.
Effect of residuary clause to pass property acquired by testator's estate after his death, 39 A.L.R.3d 1390.
May parts of will be upheld notwithstanding failure of other parts for lack of testamentary mental capacity or undue influence, 64 A.L.R.3d 261.
96 C.J.S. Wills § 1223.