Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2343 (2026)

Anti-lapse; deceased devisee; class gifts

✓ current as of July 2026

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If a devisee related to the testator in any degree of kinship is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.

Notes of Decisions

Cited in 4 cases, 1997–2006 · leading case: Nalezinek v. Union Bank & Trust Co., 628 N.W.2d 246 (Neb. 2001).

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Nalezinek v. Union Bank & Trust Co., 628 N.W.2d 246 (Neb. 2001). · cites it 18× “The parties agree that pursuant to the antilapse statute, Neb. Rev. Stat. § 30-2343 (Reissue 1995), Nalezinek is entitled to that portion of the residuary estate specifically devised to her father, Harry Eickmeyer.”

Shriners Hosp. for Child. v. Domeier, 615 N.W.2d 98 (Neb. 2000). · cites it 6× “Nebraska’s antilapse statute, codified at Neb. Rev. Stat. § 30-2343 (Reissue 1995), provides in pertinent part: If a devisee related to the testator in any degree of kinship is dead at the time of execution of the will, fails to survive the testator, or is treated as if he…”

In Re Est. of Foxley, 568 N.W.2d 912 (Neb. Ct. App. 1997). · cites it 2× “See Neb. Rev. Stat. § 30-2343 (Reissue 1995) (if devisee who is related to testator predeceases testator, devisee’s issue who survive testator take in place of deceased devisee).”

Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006). “460 (2000); Neb. Rev. Stat. § 30-2343 (1995); N.H. Rev.”

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