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Terms Used In Texas Estates Code 121.101

  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Devisee: includes a legatee. See Texas Estates Code 22.009
  • Testator: A male person who leaves a will at death.

A devisee who does not survive the testator by 120 hours is treated as if the devisee predeceased the testator unless the testator’s will contains some language that:
(1) deals explicitly with simultaneous death or deaths in a common disaster; or
(2) requires the devisee to survive the testator, or to survive the testator for a stated period, to take under the will.