Failure of issue

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.

Huxford v. Milligan, 50 Ind. 546; Vaughan v. Dickes, 20 Pa. 514; Parkhurst v. Harrower, 142 Pa. 432, 21 Atl. 826, 24 Am. St. Rep. 507; Hackney v. Tracy, 137 Pa. 53, 20 Atl. 560; Woodlief v. Duckwall, 19 Ohio Cir. Ct. R. 564.