Page:United States Statutes at Large Volume 79.djvu/729

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

of the assets of the trust, and is not deemed to be held under a separate testamentary trust; (3) an entire revocation of the trust prior to the death of the testator invalidates the devise or bequest even though the revocation was not effected in the manner provided by law for the revocation of wills and codicils; (4) a termination of the trust, except by way of revocation, in accordance with the terms of the trust or by its exhaustion or by operation of law or otherwise does not invalidate the devise or bequest. (b) BEQUESTS OR DEVISES TO TRUSTEE UNDER, OR I N ACCORDANCE W I T H TERMS OF, TESTAMENTARY TRUSTS.—A devise or bequest may be

made in a will or codicil, otherwise valid, in form or substance to the trustees under, or in accordance with the terms of, a testamentary trust established under another valid will or codicil. The devise or bequest is not invalid because the testamentary trust or the will or codicil establishing the testamentary trust was not in existence when the will or codicil containing the devise or bequest was executed, if the testator of the will or codicil establishing the testamentary trust predeceases the testator of the will or codicil containing the devise or bequest, and the will or codicil establishing the testamentary trust is admitted to probate. Unless the will otherwise provides: (1) property passing under the devise or bequest is deemed to pass directly to the trustees of the testamentary trust and becomes a part of the assets of the trust, and is not deemed to be held under a separate testamentary trust; (2) a termination of the trust in accordance with the terms of the trust or by its exhaustion or by operation of law or otherwise does not invalidate the devise or bequest. (c) This section applies to a devise or bequest made by a testator living on December 5, 1963, or born subsequent thereto, without regard to the date of execution of the will or codicil containing the devise or bequest or of the trust instrument, or an amendment thereto. (d) This section does not affect the validity, as existing before December 5, 1963, of: (1) a devise or bequest made by a testator who died prior to December 5, 1963; or (2) a devise or bequest which does not come within this section. § 18-307. Advancement as satisfaction of devise or bequest An advancement or a provision for an advancement to a person is a satisfaction, in whole or in part, of a devise or bequest to that person contained in a previous will if it would be so deemed in case the devisee or legatee were the child of the testator; and, whether he is a child or not, it shall be so deemed where it appears from parol or other evidence to be so intended. § 18-308. Death of devisee or legatee; lapsed or void devises or bequests Unless a different disposition is made or required by the will, if a devisee or legatee dies before the testator, leaving issue who survive the testator, the issue shall take the estate devised or bequeathed as the devisee or legatee would have done if he had survived the testator. Unless a contrary intention appears b ^ the will, the property comprised in a devise or bequest m a will that fails or is void or is otherwise incapable of taking effect, shall be deemed included in the residuary devise or bequest, if any, contained in the will.

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