dying without issue

dying without issue
Dying without a child born either before or after the decedent's death. A term often appearing in devises of real estate, sometimes construed as meaning a definite failure of issue, that is no issue living at the time of the first taker's death, while other authorities construe the phrase as providing for an indefinite failure of issue, thereby invalidating the limitation on the ground of remoteness. 28 Am J2d Est § 272. Of course, the limitation is not evaluated according to its bare bones, the context of the entire instrument must be considered in determining whether the expression is one of a definite failure of issue or an indefinite failure of issue. 28 Am J2d Est § 272. Although it has been held that in executory bequests of personal estates any words in the will may be laid hold of to restrain the generality of the words "dying without issue" and confine them to a dying without issue living at the time of the person's decease, in order to support the intention of the testator, yet even in the limitation of personal estates, the words "dying without issue," standing alone, without the concurrence of any other circumstances indicating an intention of restricting them, will not signify a dying without issue living at the death of the first taker. 28 Am J2d Est § 273.

Ballentine's law dictionary. . 1998.

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  • dying without issue — Dying without a child either before or after the decedent s death. At common law this phrase imports an indefinite failure of issue, and not a dying without issue surviving at the time of the death of the first taker. But this rule has been… …   Black's law dictionary

  • dying without issue — Dying without a child either before or after the decedent s death. At common law this phrase imports an indefinite failure of issue, and not a dying without issue surviving at the time of the death of the first taker. But this rule has been… …   Black's law dictionary

  • dying without leaving issue — See dying without issue …   Ballentine's law dictionary

  • die without issue — See dying without issue …   Black's law dictionary

  • die without issue — See dying without issue …   Black's law dictionary

  • failure of issue — Dying without children. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by the will for the failure of issue, as in… …   Black's law dictionary

  • failure of issue — Dying without children. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by the will for the failure of issue, as in… …   Black's law dictionary

  • failure of issue — failure of issue: lack of living issue (as of a person named to take under a will) at death definite failure of issue: a failure of issue determined at a specific time set in a will (as at the death of a named taker) indefinite failure of issue:… …   Law dictionary

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