Mass. General Laws c.190B, Article II, Part 6: Commentary

General commentary on Article II, Part 6 of the Mass. Uniform Probate Code.

General comment

Parts 6 and 7 address a variety of construction problems that commonly occur in wills, trusts, and other types of governing instruments. All of the "rules" set forth in these parts yield to a finding of a contrary intention and are therefore rebuttable presumptions.

The rules of construction set forth in Part 6 apply only to wills. The rules of construction set forth in Part 7 apply to wills and other governing instruments making donative dispositions.

The sections in Part 6 deal with such problems as death before the testator (lapse), the inclusiveness of the will as to property of the testator, effect of failure of a gift in the will, change in form of securities specifically devised, ademption by reason of fire, sale and the like, exoneration, and exercise of a power of appointment by general language in the will.

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