72-2-718. Class gifts to "descendants", "issue", or "heirs of the body" -- form of distribution if none specified. If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive under the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.
History: En. Sec. 67, Ch. 494, L. 1993.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments
72-2-708. through 72-2-710 reserved
72-2-712. Requirement of survival by 120 hours
72-2-713. Choice of law as to meaning and effect of governing instrument
72-2-715. Class gifts construed to accord with intestate succession
72-2-717. Survivorship with respect to future interests under terms of trust -- substitute takers
72-2-719. Representation -- per capita at each generation -- per stirpes