89-1-13 - Limitation on failure of issue.
§ 89-1-13. Limitation on failure of issue.
Every contingent limitation in any conveyance or will made to depend upon the dying of any person without heirs or heirs of the body, or without issue or issue of the body, or without children, or offspring, or descendant, or other relative, shall be held and interpreted as a limitation, to take effect when such person shall die not having such heir, or issue, or child, or offspring, or descendant, or other relative, as the case may be, living at the time of his death, or born to him within ten months thereafter, unless the intention of such limitation be otherwise expressly and plainly declared on the face of the instrument creating it.
Sources: Codes, Hutchinson's 1848, ch. 42, art. 1 (26); 1857, ch. 36, art. 8; 1871, § 2291; 1880, § 1203; 1892, § 2448; 1906, § 2778; Hemingway's 1917, § 2282; 1930, § 2116; 1942, § 837.