§560:2-609 Ademption by satisfaction. (a) Property a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if:
(1) The will provides for deduction of the gift;
(2) The testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
(3) The devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(b) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying sections 560:2-603 and 560:2-604, unless the testator's contemporaneous writing provides otherwise. [L 1996, c 288, pt of §1]
Section: Previous 560-2-602 560-2-603 560-2-604 560-2-605 560-2-606 560-2-607 560-2-608 560-2-609 560-2-701 560-2-702 560-2-703 560-2-704 560-2-705 560-2-706 560-2-707 NextLast modified: October 27, 2016