Vermont § 338 - Distribution; order in which assets appropriated; abatement (a)(1) Except as provided in subsection

§ 338. Distribution; order in which assets appropriated; abatement (a)(1) Except as provided in subsection

• (b) of this section, shares of distributees given
  under a will abate, without any preference or priority as between real and personal
  property, in the following order: (A) property not disposed of by the will; (B) residuary devises and bequests; (C) general devises and bequests; (D) specific devises and bequests. (2) For purpose of abatement, a general devise or bequest charged on any specific property
  or fund is a specific devise or bequest to the extent of the value of the property
  on which it is charged, and upon the failure or insufficiency of the property on which
  it is charged, a general devise or bequest to the extent of the failure or insufficiency.
  Abatement within each classification is in proportion to the amounts of property each
  of the beneficiaries would have received if full distribution of the property had
  been made in accordance with the terms of the will. (b) If the will expresses an order of abatement or if the testamentary plan or the express
  or implied purpose of a devise or bequest would be defeated by the order of abatement
  listed in subsection (a) of this section, the shares of the distributees shall abate
  as may be necessary to give effect to the intention of the testator. (c) If the subject of a preferred devise or bequest is sold or used incident to administration,
  abatement shall be achieved by appropriate adjustments in, or contribution from, other
  interests in the remaining assets. (Added 2009, No. 55, § 5, eff. June 1, 2009.)