Page:United States Statutes at Large Volume 76A.djvu/659

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–563–

-563or of the children so adopted, survive the maker, or any of the issue of the marriage is born after the maker's death, the will is revoked as to the issue or adopted children so surviving, or as to the issue so born, unless: (1) provision has been made for the issue or adopted child or children by some settlement; or (2) the issue or adopted child or children are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision. Other evidence to rebut the presumption of revocation may not be received. § 86. Instrument altering interest in property previously disposed of by will If the instrument by which an alteration is made in the testator's interest in any property previously disposed of by his will expresses his intent that it ^ a l l be a revocation, or if it contains provisions wholly inconsistent with the terms and nature of the testamentary disposition, it operates as a revocation thereof, unless the inconsistent provisions depend on a condition or contingency by reason of which they do not take effect. § 87. Contract for sale or transfer of property previously disposed of by will '^ An agreement made by a testator for the sale or transfer of property disposed of by a will previously made does not revoke the disposal. The property passes by the will, subject to the same remedies on the testator's agreement, for a specific performance or otherwise, against the legatees, as might be had against the testator's successors, if the property had passed by succession. § 88. Mortgage or transfer of property previously disposed of by will A testamentary disposal of property is not revoked by a subsequent: (1) charge or encumbrance placed by the testator upon the property to secure the payment of money or the performance of a covenant or agreement; or (2) transfer, settlement, or other act of the testator by which his interest in the property is altered but not wholly divested. Subject to the charge or encumbrance, the i^roperty, or the remaining interest therein, passes by the will. § 89. Revocation of codicils The revocation of a will revokes all its codicils. § 90. Construction of chapter This chapter applies to wills made by a testator living at the expiration of one year after January 2, 1963. CHAPTER 7—KINDRED NOT MENTIONED IN WILL; DEATH OF LEGATEES See.

121. Children and grandchildren omitted in will. 122. Same; sources of share; apportionment • 123. Distribution in case of prior death of legatee. § 121. Children and grandchildren omitted in will Wlien a testator omits to provide in his will for any of his children, or for the issue of a deceased child, whether born before or after the making of the will or before or after the testator's death, and the child or issue are unprovided for by a settlement, and have not liad an equal proportion of the testator's property bestowed on them by Avay of