failure of issue

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 the case where there is a devise to one, but if he dies without issue or lawful issue living at the time of his death, etc. An indefinite failure of issue is the period when the issue or descendants of the first taker shall become extinct, and when there is no longer any issue of the issue of the grantee, without reference to any particular time or any particular event.

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • 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

  • 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 — a lack of living descendants (as of a designated person) resulting from death or from complete lack of issue see definite failure of issue, indefinite failure of issue …   Useful english dictionary

  • failure of issue — See definite failure of issue; indefinite failure of issue …   Ballentine's law dictionary

  • Failure of issue — In property law, a failure of issue is a situation in which a property holder dies without leaving children who could have inherited their property …   Wikipedia

  • indefinite failure of issue — see failure of issue Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. indefinite failure of issue …   Law dictionary

  • definite failure of issue — see failure of issue Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • indefinite failure of issue — A failure of issue not merely at the death of the party whose issue is referred to, but at any subsequent period, however remote. A failure of issue whenever it shall happen, sooner or later, without any fixed, certain, or definite period within… …   Black's law dictionary

  • indefinite failure of issue — A failure of issue not merely at the death of the party whose issue is referred to, but at any subsequent period, however remote. A failure of issue whenever it shall happen, sooner or later, without any fixed, certain, or definite period within… …   Black's law dictionary

  • indefinite failure of issue — A failure of issue whenever it shall happen, sooner or later, without any definite period within which it must happen. Downing v Wherrin, 19 NH 9. A period when the issue or descendants of the first taker become extinct and when there is no… …   Ballentine's law dictionary

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