Wyoming Statutes

Wyo. Stat. § 2-6-107 (2026)

Failure of a testamentary provision.

✓ current as of May 2026

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(a) Except as provided in W.S. 2-6-106, if a devise other
than a residuary devise fails for any reason, it becomes a part
of the residue.

     (b) Except as provided in W.S. 2-6-106, if the residue is
devised to two (2) or more persons and the share of one (1) of
the residuary devisees fails for any reason, his share passes to
the residuary devisee, or to other residuary devisees in
proportion to their interests in the residue.

Notes of Decisions

Cited in 2 cases, 1986–2003 · leading case: In Re Est. of Seader, 2003 WY 119 (Wyo. 2003).

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In Re Est. of Seader, 2003 WY 119 (Wyo. 2003). · cites it 8× “As applied to the facts of this case, Wyo. Stat. Ann. § 2-6-107 (b) provides that, if Julie's residuary devise lapsed, then the entire residue is to be divided equally between Neil J.”

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; §…”

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