2010 Massachusetts Code
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
CHAPTER 191 WILLS
Section 1A Rules of construction

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 10. See 2008, 521, Sec. 44.]

Section 1A. The following rules of construction shall apply to the provisions of a will:

1. The construction and legal effect of a disposition in a will shall be determined by the law of the commonwealth or by the local law of any foreign state or commonwealth selected by the testator in the will, unless the application of that law is contrary to the public policy of this commonwealth.

2. The intention of a testator as expressed in his will shall control the legal effect of his dispositions and the rules of construction expressed in the succeeding clauses three to five, inclusive, shall apply unless a contrary intention is indicated by the will.

3. In the case of bequeathed securities, the legatee shall be entitled only to (1) as much of the bequeathed securities as are a part of the estate at the time of the testator’s death; (2) any additional or other securities of the same issuer owned by the testator or his estate by reason of action initiated by the issuer excluding any acquired by exercise of purchase options; and (3) securities of another issuer owned by the testator or his estate as a result of a merger, consolidation or reorganization or other similar action, received in exchange for the bequeathed securities.

4. No general residuary clause in a will and no will making general disposition of all of the testator’s property shall exercise a power of appointment created by another instrument which does not specify a specific method of exercise unless reference is made to powers of appointment or there is some other indication of intention to exercise the power.

5. Where there is a residuary gift to two or more legatees or devisees and the share of one or more of them totally fails for any reason, such share or shares shall pass to the other residuary legatees or devisees proportionately.

6. A direction in a will or instrument of trust to pay taxes caused by, resulting from, or imposed by reason of the death of the testator or donor, as the case may be, out of the decedent’s probate estate or trust estate or other property, shall not include, unless the will or instrument of trust or a provision of such tax laws specifically provides otherwise, taxes levied or assessed under the tax laws of the United States or of the commonwealth or of any foreign state or commonwealth (i) on generation-skipping transfers or (ii) on any qualified terminable interest property in which the decedent had a qualifying income interest for life.