N.Y. Estates, Powers & Trusts Law § 3-3.4: Consequences of partly ineffective testamentary dispositions of

§ 3-3.4 Consequences of partly ineffective testamentary dispositions of

property to two or more residuary beneficiaries

Whenever a testamentary disposition of property to two or more

residuary beneficiaries is ineffective in part, as of the date of the

testator's death, and the provisions of 3-3.3 do not apply to such

ineffective part of the residuary disposition nor has an alternative

disposition thereof been made in the will, such ineffective part shall

pass to and vest in the remaining residuary beneficiary or, if there are

two or more remaining residuary beneficiaries, in such beneficiaries,

ratably, in the proportions that their respective interests in the

residuary estate bear to the aggregate of the interests of all remaining

beneficiaries in such residuary estate.