42Construction of residuary dispositions

#### 42 Construction of residuary dispositions 42 Construction of residuary dispositions > > (1) A disposition of all, or the residue, of the estate of a testator that 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. > > > (2) If a part of a disposition in fractional parts of all, or the residue, of the testator’s estate fails, the part that fails passes to the part that does not fail, and, if there is more than one part that does not fail, to all those parts proportionally. > > > (3) This section does not apply if a contrary intention appears in the will.