Section 2-603
If a devisee who is a grandparent or a lineal descendant of a grandparent 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 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 than those of more remote degree take per capita at each generation. A person 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.
Massachusetts comment
The Massachusetts Anti-Lapse Statute, G.L. c. 191, § 22 applies to a devise or legacy to a child “or other relation” of the testator which may be somewhat broader than a grandparent, a descendant of the grandparent . . .” This Code adopts the pre-1990 Uniform Probate Code version appearing there at 2-605.
Chapter 140 of the Acts of 2012 replaced the words “by representation” with the words “per capita at each generation”.