Oklahoma Statutes
Okla. Stat. tit. 84, § 177 (2026)
Death of devisee or legatee causes failure
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If a devisee or legatee dies during the lifetime of the testator, the testamentary disposition to him fails, unless an intention appears to substitute some other in his place, except as provided in Section 8922. R.L. 1901, Sec. 8407. R.L.1910, § 8407. R.L.1910, § 8407.
Notes of Decisions
Cited in 4
cases, 1962–1993 · leading case: Dean v. Moore, 380 P.2d 934 (Okla. 1962).
Dean v. Moore, 380 P.2d 934 (Okla. 1962). “The statute of this State which is determinative is 84 O.S.1961 § 177, which provides : “If a devisee or legatee dies during the lifetime of the testator, the testamentary disposition to him fails, unless an intention appears to substitute some other in his place, except as…”
Solomon v. Farris, 865 P.2d 1275 (Okla. Civ. App. 1993). “Title 84 O.S.1991 § 177 provides if a devi-see predeceases the testator, “the testamentary disposition to him fails, unless an intention appears to substitute some other in his place, except as provided in” 84 O.”
Rose v. Krames, 527 P.2d 211 (Okla. Civ. App. 1974). “” Title 84 O.S.1971 § 177 reads: “If a devisee or legatee dies during the lifetime of the testator, the testamentary disposition to him fails, unless an intention appears to substitute some other in his place, except as provided in Section 8922 [84 O.”
Thomas v. Worsham, 859 P.2d 1134 (Okla. Civ. App. 1993). “Thus, we must presume he knew of the rule in 84 O.S.1991 § 177, that if a devisee or legatee predeceases the testator, the testamentary disposition would fail unless an intention is shown to substitute someone in his place, except as provided in 84 O.”
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