Class gifts to descendants, issue or heirs of the body; form of distribution if none specified.

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If a class gift in favor of "descendants", "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive pursuant to the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.

History: 1978 Comp., § 45-2-708, enacted by Laws 1993, ch. 174, § 56.

ANNOTATIONS

Official comments.See Commissioners on Uniform State Law official comment to 2-708 UPC.


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