Section 32-3-105 - Death of devisee or legatee before death of testator

(a) Whenever the devisee or legatee or any member of a class to which an immediate devise or bequest is made, dies before the testator, or is dead at the making of the will, leaving issue that survives the testator, the issue shall take the estate or interest devised or bequeathed that the devisee or legatee or the member of the class, as the case may be, would have taken, had that person survived the testator, unless a different disposition thereof is made or required by the will.(b) Subsection (a) shall apply also to a revocable (living) trust that became irrevocable upon the death of its settlor or grantor. The surviving issue of a beneficiary who predeceased a settlor or grantor shall take the trust interest the beneficiary would have received had the beneficiary survived the settlor or grantor, unless the trust agreement provides otherwise.Code 1858, § 2196 (deriv. Acts 1851-1852, ch. 180, § 3); Shan., §3928; Code 1932, § 8134; Acts 1941, ch. 61, § 1; C. Supp. 1950, § 8134; T.C.A. (orig. ed.), § 32-306; Acts 1989, ch. 364, §4; 1997 , ch. 426, § 20.