Title 53, Chapter 4, Section 67
( 53-4-67)
(a) If the testator exchanges property which is the subject of a
specific testamentary gift for other property of like character, or
merely changes the investment of a fund so given, the testator's
intention shall be deemed to be to substitute the one for the other,
and the testamentary gift shall not fail. (b) If, within six months prior to the testator's death, property
which is the subject of a specific testamentary gift is lost,
stolen, or destroyed, and if such loss, theft, or destruction is
covered, wholly or in part, by insurance, the specific beneficiary
has the right to any proceeds of such insurance that are unpaid at
the testator's death or, if any such proceeds have been paid prior
to the testator's death, to a pecuniary gift equal to the amount of
the proceeds so paid. The foregoing provisions shall also apply if
the property is damaged but not destroyed, except that the amount of
the insurance proceeds or the pecuniary gift to be paid to the
specific beneficiary shall be reduced by the cost of any repairs
made to the damaged property by the testator or the testator's
personal representative. (c) If, within six months prior to the testator's death, property
which is the subject of a specific testamentary gift is taken by
condemnation, the beneficiary has the right to any award for such
condemnation unpaid at the testator's death or, if any such award
has been paid prior to the testator's death, to a pecuniary gift
equal to the amount of the award so paid. |