dying without issue

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 changed in many decisions, with many states having held that the expression "dying without issue," and like expressions, have reference to the time of the death of the party, and not to an indefinite failure of issue.
Dying without children imports not a failure of issue at any indefinite future period, but a leaving no children at the death of the legatee. The law favors vesting of estates, and limitation such as "dying without issue," refers to a definite period, fixed in will, rather than to an indefinite failure of issue. Where context is such as to show clearly that testator intended the phrase "die without issue" to mean that, if first taker die without issue during life of testator, the second taker shall stand in his place and prevent a lapse, the words "die without issue" are taken to mean death during life of testator. Martin v. Raff, 114 Ind.App. 507, 52 N.E.2d 839, 845

Black's law dictionary. . 1990.

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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 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,… …   Ballentine'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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  • The Man Without a Country — Not to be confused with A Man Without a Country. For other uses, see The Man Without a Country (disambiguation). The Man Without a Country is a short story by American writer Edward Everett Hale, first published anonymously in The Atlantic in… …   Wikipedia

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