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 (10) months thereafter, unless the intention of such limitation be otherwise expressly and plainly declared on the face of the instrument creating it.
Miss. Code Ann. § 89-1-13
Limitation on failure of issue
Applied in 1 court decision — leading case 179 So. 3d 1155 - Estate of Regan v. Estate of Leblanc (2015)
Most recently applied in 179 So. 3d 1155 - Estate of Regan v. Estate of Leblanc (April 2015)
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.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.