Sec. 45a-441. (Formerly Sec. 45-276a). Death of devisee or legatee. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap802b > Sec45a-441

      Sec. 45a-441. (Formerly Sec. 45-276a). Death of devisee or legatee. When a devisee or legatee, being a child, stepchild, grandchild, brother or sister of the testator, dies before him, and no provision has been made in the will for such contingency, the issue of such devisee or legatee shall take the estate so devised or bequeathed.

      (1949 Rev., S. 6954; P.A. 87-355, S. 2.)

      History: Sec. 45-176 transferred to Sec. 45-276a in 1981; P.A. 87-355 applied provisions to stepchildren; Sec. 45-276a transferred to Sec. 45a-441 in 1991.

      Annotations to former section 45-176:

      Cited. 65 C. 41. Creates in effect a gift to the legatee and to his issue in case he dies before testator. 74 C. 144. "Brother" includes half-brother. 79 C. 563. Section applies though will republished after death of legatee. 88 C. 406. Cited. 93 C. 76. Applies to gifts to a class, but will not avail where decedent died before will was made and so never became a member of the class. 97 C. 438. Cited. 124 C. 584; 127 C. 9; 159 C. 35.

      Statute extended to cover situation where a brother of the testator died before the will was executed; the legacies were distributed per stirpes. 11 CS 133.

      Annotation to present section:

      Cited. 218 C. 220.

      Statute is intended to prevent unintended disinheritance and intestacy, is remedial and should be read liberally and therefore, in this case, allows heirs of deceased beneficiary to inherit even where will named beneficiary "if she survives me" because will contained no contingent provisions for share of estate in the event of beneficiary's death. 93 CA 432.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-441

      Sec. 45a-441. (Formerly Sec. 45-276a). Death of devisee or legatee. When a devisee or legatee, being a child, stepchild, grandchild, brother or sister of the testator, dies before him, and no provision has been made in the will for such contingency, the issue of such devisee or legatee shall take the estate so devised or bequeathed.

      (1949 Rev., S. 6954; P.A. 87-355, S. 2.)

      History: Sec. 45-176 transferred to Sec. 45-276a in 1981; P.A. 87-355 applied provisions to stepchildren; Sec. 45-276a transferred to Sec. 45a-441 in 1991.

      Annotations to former section 45-176:

      Cited. 65 C. 41. Creates in effect a gift to the legatee and to his issue in case he dies before testator. 74 C. 144. "Brother" includes half-brother. 79 C. 563. Section applies though will republished after death of legatee. 88 C. 406. Cited. 93 C. 76. Applies to gifts to a class, but will not avail where decedent died before will was made and so never became a member of the class. 97 C. 438. Cited. 124 C. 584; 127 C. 9; 159 C. 35.

      Statute extended to cover situation where a brother of the testator died before the will was executed; the legacies were distributed per stirpes. 11 CS 133.

      Annotation to present section:

      Cited. 218 C. 220.

      Statute is intended to prevent unintended disinheritance and intestacy, is remedial and should be read liberally and therefore, in this case, allows heirs of deceased beneficiary to inherit even where will named beneficiary "if she survives me" because will contained no contingent provisions for share of estate in the event of beneficiary's death. 93 CA 432.

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-441

      Sec. 45a-441. (Formerly Sec. 45-276a). Death of devisee or legatee. When a devisee or legatee, being a child, stepchild, grandchild, brother or sister of the testator, dies before him, and no provision has been made in the will for such contingency, the issue of such devisee or legatee shall take the estate so devised or bequeathed.

      (1949 Rev., S. 6954; P.A. 87-355, S. 2.)

      History: Sec. 45-176 transferred to Sec. 45-276a in 1981; P.A. 87-355 applied provisions to stepchildren; Sec. 45-276a transferred to Sec. 45a-441 in 1991.

      Annotations to former section 45-176:

      Cited. 65 C. 41. Creates in effect a gift to the legatee and to his issue in case he dies before testator. 74 C. 144. "Brother" includes half-brother. 79 C. 563. Section applies though will republished after death of legatee. 88 C. 406. Cited. 93 C. 76. Applies to gifts to a class, but will not avail where decedent died before will was made and so never became a member of the class. 97 C. 438. Cited. 124 C. 584; 127 C. 9; 159 C. 35.

      Statute extended to cover situation where a brother of the testator died before the will was executed; the legacies were distributed per stirpes. 11 CS 133.

      Annotation to present section:

      Cited. 218 C. 220.

      Statute is intended to prevent unintended disinheritance and intestacy, is remedial and should be read liberally and therefore, in this case, allows heirs of deceased beneficiary to inherit even where will named beneficiary "if she survives me" because will contained no contingent provisions for share of estate in the event of beneficiary's death. 93 CA 432.