Construction of residuary dispositions
46 Construction of residuary dispositions
A disposition of the whole or of the residue of the estate of a testator which refers only to the real estate of the testator or only to the personal estate of the testator is to be construed to include both the real and personal estate of the testator.
Subsection (1) does not apply if a contrary intention appears in the will.
If any part of—
a residuary disposition which is in fractional parts; or
a disposition of the whole of the estate which is in fractional parts—
fails, the part that fails passes to the part which does not fail and, if there is more than one part which does not fail, to all those parts proportionately.
Subsection (3) does not apply if a contrary intention appears in the will.
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