58-504. Same (indefinite failure of issue; definite failure of issue).
58-504
58-504. Same (indefinite failure of issue; definite failure of issue). In the case of instruments disposing of property, of which the followingis a type: "A to B and his or her heirs, but if B dies without issue, then to Cand his or her heirs," the common law rule of interpretation that indefinitefailure of issue is indicated shall not be applied. Definite failure ofissue is indicated, that is, death of B without having issue living at thetime of his or her death. B's death without living issue need not occur in thelifetime of the maker of the instrument. The rules here presented applywhen the limitation is on death "without heirs," or, "heirs of the body,"or, "issue," or, "children," or, "offspring," or, "descendants," or anysuch relative however described. Enactment of this statute shall not beregarded as legislative recognition that the common law indefinite failureof issue presumption has ever been a part of the law of this state.
History: L. 1939, ch. 181, § 4; July 1.