FAILURE, OF ISSUE
\fˈe͡ɪli͡ə], \fˈeɪliə], \f_ˈeɪ_l_iə]\
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When there is a want of issue to take an estate limited over by an executory devise.
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Failure of issue is definite or indefinite. When the precise time for the failure of issue is fixed by the will, as is 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 the very converse 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. n. 1849.
By John Bouvier
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