Legislative Dictionary - D

Judicial Dictionary


Legislative Dictionary


Die without Issue or die without leaving issue

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CategoryD
TitleDie without Issue or die without leaving issue
Details

And it is hereby enacted, that in any devise or bequest of real or personal estate the words "die without issue" or "die without leaving issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be constructed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a proceeding gift being, without any implication arising from such words, a limitation of a estate tail to such person or issue, or otherwise; Provided, that this Act shall not extend to cases where such words as aforesaid import, if no issue described in a preceeding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceeding gift to such issue.

[See section 24, the Wills Act, 1838 (Act No. XXV of 1838)]. [Spent]
Created OnJune 4, 2011, 4:37 AM
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