Page:United States Statutes at Large Volume 47 Part 1.djvu/1195

 72d CONGRESS. SESS. II. CH. 128. FEB RUARY 27, 1933 . SEC. 340. TRANSFER, WHEN NOT A RE VO CAT IO N .-A transfer, settle- ment, or other act of a testator, by which his interest in a thing pre- viously disposed of by his will is altered, but not wholly divested, is not a revocation ; but the will passes the property which would otherwise devolve by succession. CRO SS REFERENCES Ademption of legacies, see section 382 . Post, p .1175. Revocation, see sections 341 and 342 . SEC. 341. WHEN IT Is A REVOCATION .--If the instrument by which an when a revocation. alteration is made in the testator's interest in a thing previously dis- posed of by his will expresses his intent that it shall be a revocation, or if it contains provisions wholly inconsistent with the terms and nature of the testamentary disposition, it operates as a revocation thereof, unless such inconsistent provisi ons depend on a cond ition or contingency by reason of which they do not take effect. SEC. 342. REVOCATION of comCILS .-The revocation of a will revokes Revocation of codi- all its codicils. ells_ SEC. 343. APPLICATION OF PROVISIONS AS TO REVOCATIONS .-The pro- Application of pr o- visions of this chapter in relation to the revocation of wills apply i sions Lions. as to revbca- to all wills made by any testator living at the expiration of one year from the time it takes effect. SEC. 344 . AFTER-BORN CHILD, IINPROVIDED FOR, TO SUCCEED:When- After-born child. ever a testator has a child born after th e making of his will, either in his lifetime or after his death, and dies leaving such child unpro- vided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's property that he would have succeeded to if the testator had died intestate. CROSS REFERENCE Succession by posthumous children, see sections 213, 370, and 419. Ar te, pp p. 81 115x: Post, . 1174, 11 . SEC. 345. CHILDREN OR ISSUE OF CHILDREN OF TESTATOR UNPROVIDED Children, etc ., en- FOR BY HIS WILL .-When any testator omits to provide in his will provided for . for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, has the same share i n the estate of the testator as if he had died intestate, and succeeds thereto as provided in section 344. SEC. 346. SHARE OF AFTER-BORN CHILD, OUT OF WHAT PART OF ESTATE Aft er- bor n chi ldr en, TO BE PAID .--When any share of the estate of a testator is assigned et„" paymant o share . to a child born after the making of a will, or to a child, or the issue of a child, omitted i n the will, as herei nbef ore mentioned, the same must first be taken from the estate not disposed of by the will, if any ; if that is not sufficient, so much as may be necessary must be taken from all the legatees, in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific bequest, or other provision in the will, would thereby be defeated ; in such case, such specific legacy or provi sion may be ex empted f rom suc h appor tionmen t, and a different apportionment, consistent with the intention of the testator, may be adopted . SEC. 347 . ADVA NCEM ENT DUR ING LIFETIME OF TESTATOR.-7f such Effect of advance- children, or their descendants, so unprovided for, had an equal pro- meets to. portion of the testator's estate bestowed, on them in the t .estator's lifetime, by way of advancement, they take nothing in virtue of the provisions of sections 344 to 346. 1171 Transfer, when not a revocation.