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2017 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 6 - RULES OF CONSTRUCTION FOR WILLS
Section 45-2-604 - Failure of testamentary provision.
Universal Citation: NM Stat § 45-2-604 (2017)
45-2-604. Failure of testamentary provision.
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History: 1953 Comp., 32A-2-604, enacted by Laws 1975, ch. 257, 2-604; repealed and reenacted by Laws 1993, ch. 174, 43.
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