Wyoming Statutes

Wyo. Stat. § 2-6-106 (2026)

Antilapse; deceased devisees; class gifts.

✓ current as of May 2026
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If a devisee who is a grandparent or a lineal descendent of a
grandparent of the testator 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 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 per
stirpes. 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, 1986–2014 · leading case: In Re Est. of Seader, 2003 WY 119 (Wyo. 2003).
In Re Est. of Seader, 2003 WY 119 (Wyo. 2003). · cites it 22× “filed an Objection to Preliminary Report, Accounting and Petition for Distribution, in which he contended that the testamentary devise to Julie had failed pursuant to Wyo. Stat. Ann. §§ 2-6-106 and 2-6-107 (LexisNexis 2003).”
In the Matter of the Est. of: Ronald Keith Scherer, Lilyanna B. Knudson, 2014 WY 129 (Wyo. 2014). · cites it 3× “Schroeder failed pursuant to Wyo. Stat. Ann. § 2-6-106 , which provided that "If a devisee who is a grandparent or a lineal descendent of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased…”
Douglas v. Newell, 719 P.2d 971 (Wyo. 1986). · cites it 2× “" This intention section is followed by the specific rules of construction, which provisions include § 2-6-106, antilapse, deceased devisees, class gifts; § 2-6-107, failure of a testamentary provision; § 2-6-108, specific devise of securities, accessions, nonademption; §…”
Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006). “Codified Laws § 29A-2-603 (Michie 1997); Wyo. Stat. Ann. § 2-6-106 (2005). 7 “Antilapse statutes typically provide, as a rebuttable rule of construction, that devises to certain relatives who predecease the testator pass to specified substitute takers, usually the descendants of…”
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