If a devisee who is a grandparent or a lineal descendant 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 who survive the testator by five days 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 by representation. 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.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Article 8 - Construction of Wills.
Section 43-8-220 - Requirement That Devisee Survive Testator by Five Days.
Section 43-8-221 - Choice of Law as to Meaning and Effect of Wills.
Section 43-8-222 - Controlling Effect of Intention of Testator.
Section 43-8-223 - Construction of Will to Pass All Property, Including After-Acquired Property.
Section 43-8-224 - Anti-Lapse Provision; Applicability to Deceased Devisees and to Class Gifts.
Section 43-8-225 - Effect of Failure of Testamentary Provisions.
Section 43-8-226 - Specific Devise of Securities; Change in Securities; Accessions; Nonademption.
Section 43-8-228 - Nonexoneration.