2003 Minnesota Statutes

  524.2-603 Antilapse; deceased devisee; class gifts; 
  words of survivorship. 

    Subdivision 1.    Deceased devisee.  If a devisee who is 
 a grandparent or a lineal descendant of a grandparent of the 
 testator is dead at the time of execution of the will, fails to 
 survive the testator, or is treated as if the devisee 
 predeceased the testator, the issue of the deceased devisee who 
 survive the testator by 120 hours take in place of the deceased 
 devisee.  If they are all of the same degree of kinship to the 
 devisee, they take equally.  If they are of unequal degree, 
 those of more remote degree take by representation.  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, whether the death occurred before or after the 
 execution of the will. 

    Subd. 2.    Definition.  For the purposes of section 
 524.2-601, words of survivorship, such as, in a devise to an 
 individual, "if he or she survives me," or, in a class gift, to 
 "my surviving children," are a sufficient indication of an 
 intent contrary to the application of this section. 

    HIST: 2001 c 15 s 13