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633.273 Antilapse statute.

1. If a devisee dies before the testator, the devisee's heirs shall inherit the property devised to the devisee, unless from the terms of the will, the intent is clear and explicit to the contrary.

2. A person who would have been a devisee under a class gift, if the person had survived the testator, is treated as a devisee for purposes of this section, provided the person's death occurred after the execution of the will, unless from the terms of the will, the intent is clear and explicit to the contrary.

Section History: Early form

[C51, § 1287; R60, § 2319; C73, § 2337; C97, § 3281; C24, 27, 31, 35, 39, § 11861; C46, 50, 54, 58, 62, § 633.16; C66, 71, 73, 75, 77, 79, 81, § 633.273]

Section History: Recent form

89 Acts, ch 130, §1

Internal References

Referred to in § 633.274


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