New York Laws
Part 3 - Rules Governing Testamentary Dispositions
3-3.4 - Consequences of Partly Ineffective Testamentary Dispositions of Property to Two or More Residuary Beneficiaries

property to two or more residuary beneficiaries

Whenever a testamentary disposition of property to two or more
residuary beneficiaries is ineffective in part, as of the date of the
testator's death, and the provisions of 3-3.3 do not apply to such
ineffective part of the residuary disposition nor has an alternative
disposition thereof been made in the will, such ineffective part shall
pass to and vest in the remaining residuary beneficiary or, if there are
two or more remaining residuary beneficiaries, in such beneficiaries,
ratably, in the proportions that their respective interests in the
residuary estate bear to the aggregate of the interests of all remaining
beneficiaries in such residuary estate.

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