Intestate Succession and Wills

ORS 112.400
Effect of failure of devise

Except as provided in ORS 112.395 (When estate passes to issue of devisee):


If a devise other than a residuary devise fails for any reason, it becomes a part of the residue.


If the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, the share passes to the other residuary devisee or to other residuary devisees in proportion to their interests in the residue. [1973 c.506 §17]

Notes of Decisions

Section was not retroactive as to will executed prior to section's effective date. Schmidt v. First National Bank, 31 Or App 455, 570 P2d 981 (1977)


Last accessed
Jun. 26, 2021