Section 2-604
(a)
Except as provided in section 2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(b)
Except as provided in section 2-603, if the residue is devised to 2 or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
Comment
This section applies only if Section 2-603 does not produce a substitute taker for a devisee who fails to survive the testator. There is also a special rule for disclaimers contained in Section 2-801; a disclaimed devise may be governed by either Section 2-603 or the present section, depending on the circumstances.
Massachusetts comment
This appears to state current Massachusetts law, G.L. c. 191, § 1A(5).