possibility of issue extinct

A contingency affecting the character of an estate as vested or contingent, as continuing or as terminated. 28 Am J2d Est § 319. A concept to be denied, both American and English authorities being in accord upon the proposition that, for the purpose of determining whether there is a violation of the rule against perpetuities, the possibility of issue is never considered extinct as long as a person lives. 41 Am J1st Perp § 26. The courts have declined to fix a period in a woman's life beyond which she cannot have children, or to assert that there is an age limit beyond which they will feel justified in declaring that a woman cannot give birth. United States Fidelity & Guarantee Co. v Douglas, 134 Ky 374, 120 SW 328. The law does not assume that there is an impossibility of issue at any age, however great, so that a remainder to the children of a woman who has an estate for life is not extinguished until her death, although she may be very old and childless. 28 Am J2d Est § 319. Although it is a recognized legal presumption that the possibility of issue is never extinct as long as a person lives, the courts nevertheless have on occasion sanctioned distribution of a testamentary gift prior to the death of the woman on whose failure of issue or further issue it was conditioned, upon the theory that, because of her age or physical condition, the improbability of her having children or more children has been established to such a degree that distribution should be permitted. Anno: 67 ALR 542, 543. As to the doctrine of possibility of issue, see Anno: 98 ALR2d 1285.