---
kind: "section"
citation: "43 C.F.R. § 30.502"
title: "43"
number: "30.502"
heading: "How does a judge resolve conflicts between the anti-lapse provision and the presumption of joint tenancy?"
url: "https://uscodex.org/cfr/43/30.502"
---

# §30.502. How does a judge resolve conflicts between the anti-lapse provision and the presumption of joint tenancy?


If the presumption of joint tenancy and anti-lapse provisions conflict, then the judge will give priority to the presumption of joint tenancy and the share of the deceased devisee will descend to the surviving devisees.


## Notes

### Amendments

[86 FR 72093, Dec. 20, 2021]

### Source

Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted. Redesignated at 86 FR 72089, Dec. 20, 2021

### Authority

Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457.

### Source

Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted.

### Amendments

[86 FR 72093, Dec. 20, 2021]