§560:2-609  Ademption by
satisfaction.  (a)  Property a testator gave in the testator's lifetime to
a person is treated as a satisfaction of a devise in whole or in part, only if:



(1)  The will provides for deduction of the gift;



(2)  The testator declared in a contemporaneous
writing that the gift is in satisfaction of the devise or that its value is to
be deducted from the value of the devise; or



(3)  The devisee acknowledged in writing that the gift
is in satisfaction of the devise or that its value is to be deducted from the
value of the devise.



(b)  For purposes of partial satisfaction,
property given during lifetime is valued as of the time the devisee came into
possession or enjoyment of the property or at the testator's death, whichever
occurs first.



(c)  If the devisee fails to survive the
testator, the gift is treated as a full or partial satisfaction of the devise,
as appropriate, in applying sections 560:2-603 and 560:2-604, unless the
testator's contemporaneous writing provides otherwise. [L 1996, c 288, pt of
§1]