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Unless there is clear evidence of contrary intent, wills shall be construed as follows:

(a) A will shall apply to all trust and restricted land and trust personalty which the testator owned at death, including any such land or personalty acquired after the execution of their will.

(b) A transfer by will of a trust interest in land shall be presumed to include the interest of testator in any permanent improvements attached to the land.

(c) Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such “brothers,” “sisters,” “nieces,” or “nephews,” are construed to include both types of relationships.

(d) A transfer by will of a trust or restricted interest in land or an interest in trust personalty to the testator’s or another designated person’s “heirs,” “next of kin,” “relatives,” or “family” shall mean those persons, including the spouse, who would be entitled to take under the provisions of this chapter for nontestamentary disposition as of the date of the testator’s death.

(e) If the family cemetery plot owned by the testator in trust or restricted status at his or her death is not mentioned in the decedent’s will, the ownership of the plot shall descend to his or her heirs as if he or she died intestate. [Ord. 52 § 9312, amended, 4/27/2023; Ord. 50A § 9413, amended, 6/22/2017.]