A. Except as provided in Section 45-2-603 N.M. Stat. Ann., a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

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Terms Used In New Mexico Statutes 45-2-604

  • Devise: To gift property by will.

B. Except as provided in Section 45-2-603 N.M. Stat. Ann., if the residue is devised to two 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.