Texas Estates Code - EST § 255.152. Failure of Devise; Effect on Residuary Estate

(a) Except as provided by Sections 255.153 and 255.154, if a devise, other than a residuary devise, fails for any reason, the devise becomes a part of the residuary estate.

(b) Except as provided by Sections 255.153 and 255.154, if the residuary estate is devised to two or more persons and the share of one of the residuary devisees fails for any reason, that residuary devisee's share passes to the other residuary devisees, in proportion to the residuary devisee's interest in the residuary estate.

(c) Except as provided by Sections 255.153 and 255.154, the residuary estate passes as if the testator had died intestate if all residuary devisees:

(d) Unless the will provides otherwise, Subsections (a), (b), and (c) do not apply to a devise to a charitable trust, as defined by Section 123.001, Property Code.