§41-3-3. Death of devisee or legatee before testator.
If a devisee or legatee die before the testator, or be dead at the time of making of the will, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed, as the devisee or legatee would have done if he had survived the testator, unless a different disposition thereof be made or required by the will. And if the devise or bequest be made to two or more persons jointly, and one or more of them die without issue, or be dead at the time of the making of the will, the part of the estate so devised or bequeathed to him or them shall not go to the other joint devisees or legatees, but shall, in the case of a devise, descend and pass to the heirs at law, and, in the case of a bequest, go and pass to the personal representative, of the testator, as if he had died intestate, unless the will otherwise provides.
Notes of Decisions
Kubiczky v. Wesbanco Bank Wheeling, 541 S.E.2d 334 (W. Va. 2000).
· cites it 8× “See W. Va.Code § 41-3-3. This Court summarized the effect of the antilapse statute in syllabus point one of Mrocko , as follows: ‘W.”
Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006).
“110 (West 1998) (“[u]nless otherwise provided”); W. Va. Code § 41-3-3 (LexisNexis 2004) (“unless a different disposition thereof be made or required by the will”); Wis.”
Foy v. Cnty. Comm'n of Berkeley Cnty., 442 S.E.2d 726 (W. Va. 1994).
“Notwithstanding the provisions of section three [§ 41-3-3], article three, chapter forty-one of this code, the share of such spouse shall be distributed according to the residuary clause of the decedent’s will or according to the statute of intestate succession for the decedents…”
Donna K. Jackson v. Tacie Stone Claypool & Joshua K. Stone, No. 16-0744 (W. Va. May 19, 2017).
· cites it 4× “Stone pursuant to West Virginia Code § 41-3-3, the anti-lapse statute. However, petitioner believes that under both the provisions of the will and West Virginia Code § 41-3-4, the bequest to Mr.”
Hedrick v. Mosser, 591 S.E.2d 191 (W. Va. 2003).
“Mosser’s intent that his sister and/or her issue receive the real estate upon his death.”
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