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indefinite failure of issue

Defined in 7 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891), Stimson (1881)

Definitions from Case Law

From 59 U.S. 202 - James Abbott and Hannah His Wife v. The Essex Company Tenants · 1855Most cited · 29 citing opinions

It is said to be a rule of construction, that the words 'dying without issue,' will be construed to mean 'an indefinite failure of issue' as to real estate; but with regard to personalty, it shall be taken to mean 'a failure at the death.' ... A rule of construction which would give different meanings to the same words, in the same sentence, could only be tolerated where, from the whole context of the will, it is evident that without such construction the general intent of the testator as to the disposition of his realty would be frustrated.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

See "Failure of Issue."

Ballentine's Law Dictionary

James A. Ballentine · 1916

Failure of issue generally, without any specification as to the time thereof. See Failure of issue . See 19 N. H. 9, 49 Am. Dec. 139.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

See Failubb or Issue.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A failure of issue not merely at the death of the party whose issue are referred to, but at any subsequent period, however remote. 1 Steph. Comm. 562. A failure of issue whenever it shall happen, sooner or later, without any fixed, certain, or definite period within which it must happen. 4 Kent, Comm. 274. Anderson v. Jackson, 16 Johns. (N. Y.) 399, 8 Am. Dec. 330; Downing v. Wherrin, 19 N. H. 84, 49 Am. Dec. 139; Huxford v. Milligan, 50 Ind. 546.

A Dictionary of Law

Henry Campbell Black · 1891

A failure of issue not merely at the death of the party whose issue are referred to, but at any subsequent period, however remote. 1 Steph. Comm. 562. A failure of issue whenever it shall happen, sooner or later, without any fixed, certain, or definite period within which it must happen. 4 Kent, Comm. 274.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

A failure of issue to a person at any time, before or after his death, v. Dying.