Also known as:residuary devises · residuary gift of realty
Written by attorneys · grounded in primary & secondary sources — see below
A testamentary disposition of property in the testator's net probate estate that remains after all specific, general, and demonstrative devises have been satisfied.
Sources & Authorities
How it applies
Common Examples
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Failed Specific Devise Falls to Residue
Raymond Ramos's will specifically devised his cargo vessel to his first officer and left the residue of the estate to a maritime charity. The vessel was destroyed before Ramos died. The charity receives the insurance proceeds because the failed specific devise becomes part of the residuary estate under the will's final clause.
Residuary Clause Captures Reversion
Rhea Reynolds conveyed woodland to her niece using language that created a fee tail substitute. The niece died without issue. Reynolds's will contained a residuary clause leaving the rest of her property to a conservation group. The group receives the woodland because the failed future interest passed through the residuary devise.
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Restatements
Casebooks
Study Supplements
Dictionaries
Brown v. Independent Baptist Church of Woburn325 Mass. 645, 91 N.E.2d 922 (1950)
Common questions
Frequently Asked
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What happens to a failed specific devise when the will contains a residuary clause?+
The property subject to the failed specific devise becomes part of the residuary estate and passes to the residuary beneficiary. Modern statutes direct that any nonresiduary devise that fails for any reason falls into the residue unless the will provides otherwise.
Supporting sources
How does a residuary devise differ from a specific devise in abatement?+
Residuary devises abate first when estate assets are insufficient. Specific devises abate last. This order protects specific gifts to the extent possible before reducing the residue.
Supporting sources
Does a residuary devise include after-acquired property?+
A residuary clause captures all property not otherwise disposed of at death, including after-acquired assets not covered by specific language. Courts construe the clause broadly to avoid partial intestacy.
Supporting sources
What is the effect of an express nonvesting clause on a lapsed nonresiduary gift?+
An express clause directing failed nonresiduary gifts into the residue functions as an alternative devise. It displaces antilapse and routes the property to the residuary beneficiary.
Supporting sources
148 A.2d 528 (Pa. 1959)Wills Trusts and Estates
…if it shall not pass to the issue of the beneficiary under the provisions provided for by law, shall be included in the residuary devise or bequest if any contained in the will.” (Emphasis supplied). The Majority also relies on Bryen’s Estate , 328 Pa. 122, but in that case the testator failed to sign the prepared will at…