Wyoming Statutes

Wyo. Stat. § 2-6-109 (2026)

Nonademption of specific devises where sold by

✓ current as of May 2026
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conservator; exception; rights of specific devisee.

     (a) If specifically devised property is sold by a
conservator, or if a condemnation award or insurance proceeds
are paid to a conservator as a result of a condemnation, fire or
casualty, the specific devisee has the right to a general
pecuniary devise equal to the net sale price, the condemnation
award or the insurance proceeds. This subsection does not apply
if after the sale, condemnation or casualty, it is adjudicated
that the disability of the testator has ceased and the testator
survives the adjudication by one (1) year. The right of the
specific devisee under this subsection is reduced by any right
he has under subsection (b) of this section.

     (b) A specific devisee has the right to the remaining
specifically devised property and:

          (i) Any balance of the purchase price together with
any security interest owing from a purchaser to the testator at
death by reason of sale of the property;

          (ii) Any amount of a condemnation award for the
taking of the property unpaid at death;

          (iii) Any proceeds unpaid at death on a fire or
casualty insurance on the property; and

          (iv) Property owned by testator at his death as a
result of foreclosure, or obtained in lieu of foreclosure, of
the security for a specifically devised obligation.
Notes of Decisions
Cited in 2 cases, 1986–1988 · leading case: Douglas v. Newell, 719 P.2d 971 (Wyo. 1986).
Douglas v. Newell, 719 P.2d 971 (Wyo. 1986). · cites it 22× “" 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; §…”
Matter of Est. of Newell, 765 P.2d 1353 (Wyo. 1988). · cites it 5× “While we note that the phrase "general pecuniary devise” is utilized in W.S. 2-6-109(a), that subpart deals with property sold by a conservator, condemned, or destroyed by some casualty, and is not applicable to this situation.”
— Wyo. Stat. § 2-6-109(a) — 1 case
Matter of Est. of Newell, 765 P.2d 1353 (Wyo. 1988). “While we note that the phrase "general pecuniary devise” is utilized in W.S. 2-6-109(a), that subpart deals with property sold by a conservator, condemned, or destroyed by some casualty, and is not applicable to this situation.”
— Wyo. Stat. § 2-6-109(b) — 2 cases
Douglas v. Newell, 719 P.2d 971 (Wyo. 1986). “" 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; §…”
Matter of Est. of Newell, 765 P.2d 1353 (Wyo. 1988). “While we note that the phrase "general pecuniary devise” is utilized in W.S. 2-6-109(a), that subpart deals with property sold by a conservator, condemned, or destroyed by some casualty, and is not applicable to this situation.”
— Wyo. Stat. § 2-6-109(b)(i) — 1 case
Douglas v. Newell, 719 P.2d 971 (Wyo. 1986). “" 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; §…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.