§ 31-42. Failure of devises by lapse or otherwise; renunciation; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A. - North Carolina Statutes

§ 31‑42.  Failure ofdevises by lapse or otherwise;  renunciation; 120‑hour survivorshiprequirement, revised simultaneous death act, Article 24, Chapter 28A.

(a)        Unless the willindicates a contrary intent, if a devisee predeceases the testator, whether beforeor after the execution of the will, and if the devisee is a grandparent of or adescendant of a grandparent of the testator, then the issue of the predeceaseddevisee shall take in place of the deceased devisee. The devisee's issue shalltake the deceased devisee's share in the same manner that the issue would takeas heirs of the deceased devisee under the intestacy provisions in effect atthe time of the testator's death. The provisions of this section apply whetherthe devise is to an individual, to a class, or is a residuary devise. In thecase of the class devise, the issue shall take whatever share the deceaseddevisee would have taken had the devisee survived the testator; in the eventthe deceased class member leaves no issue, the devisee's share shall devolveupon the members of the class who survived the testator and the issue of anydeceased members taking by substitution.

(b)        Unless the willindicates a contrary intent, if the provisions of subsection (a) of thissection do not apply to a devise to a devisee who predeceases the testator, orif a devise otherwise fails, the property shall pass to the residuary deviseeor devisees in proportion to their share of the residue. If the devise is aresiduary devise, it shall augment the shares of the other residuary devisees,including the shares of any substitute takers under subsection (a) of thissection. If there are no residuary devisees, then the property shall pass byintestacy.

(c)        Renunciation of adevise is as provided for in Chapter 31B of the General Statutes.

(c1)      The determination ofwhether a devisee has predeceased the testator shall be made as provided byArticle 24 of Chapter 28A of the General Statutes.

(d)        As used in thissection, "devisee" means any person entitled to take real or personalproperty under the provisions of a will. (1844, c. 88, s. 4; R.C., c. 119, s. 7; Code, s. 2142;Rev., s. 3142; 1919, c. 28; C.S., s. 4166; 1951, c. 762, s. 1; 1953, c. 1084;1965, c. 938, s. 1; 1975, c. 371, s. 3; 1979, c. 525, s. 5; 1987, c. 86, ss. 1,2; 1989, c. 244; 1999‑145, s. 1; 2001‑83, s. 1; 2007‑132, ss.3(a), (b).)