2017 ORS 112.400¹
Effect of failure of devise

Except as provided in ORS 112.395 (When estate passes to issue of devisee):

(1) If a devise other than a residuary devise fails for any reason, it becomes a part of the residue.

(2) If the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, the share passes to the other residuary devisee or to other residuary devisees in proportion to their interests in the residue. [1973 c.506 §17]

Notes of Decisions

Sec­tion was not retroactive as to will executed prior to sec­tion’s effective date. Schmidt v. First Na­tional Bank, 31 Or App 455, 570 P2d 981 (1977)

1 Legislative Counsel Committee, CHAPTER 112—Intestate Succession and Wills, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors112.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 112, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano112.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.