Failure Of Issue

A want of issue to take an estate limited over by an executory devise. Failure of issue is definite or indefinite. When the precise time for the failure of issue is fixed by the will, as in the case of a devise to Peter, but, if he dies without issue living at the time of his death, then to verse or opposite of this, and it signifies a general failure of issue, whenever it may happen, without fixing any time, or a certain or definite period, within which it must happen. 2 Bouv. Inst, note 1849. See "Dying Without Issue."

A want of issue to take an estate limited over by an executory devise., Failure of issue is definite or indefinite. When the precise time for the failure of issue is fixed by the will, as in the case of a devise to Peter, but, if he dies without issue living at the time of his death, then to another, this is a failure of issue definite. An indefinite failure of issue is a general failure whenever it may happen, without fixing any time, or a certain and definite period, within which it must happen. 4 Kent 275. An executory devise in fee, with remainder over, to take effect on an indefinite failure or issue is void for remoteness, and hence courts are astute to devise some construction which shall restrain the failure of issue to the term of limitation allowed; id. 276, n. See Appeal of Bedford, 40 Pa. 18; 2 Redf. Wills 276, n.; En Ventee Sa Mebe; Shelley’s Case, Rule in.

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.

Defined under Failure in Black's Law Dictionary.

The failure at a fixed time, or the total extinetion, of issue to take an estate limited over by an executory devisa. A definite failure of issue is when a precise time {g 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, ete. An indefinite fuilure 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 nite failure of issue is void for remoteness. and — hence courts are astute to devise some construc tion which shalirestrain the failure of issue tothe term of limitation allowed. 40 Pa, St 18; 2 Redi. Wills, 276, note.