DYING WITHOUT ISSUE

To die without children. At common law this phrase imports an indefinite failure of issue and not a dying without issue surviving at the time of the death of the first taker. But this rule has been changed in some of the states by statute or decisions. At common law this phrase imports an indefinite failure of issue, and not a dying without issue surviving at the time of the death of the first taker. But this rule has been changed in some of the states, by statute or decisions, and in England by St 7 Wm. IV., and 1 Vict. c. 26, s 29. The words “die without issue,” and “die without leaving issue,” in a devise of real estate, import an indefinite failure of issue, and not the failure of issue at the death of the first taker. And no distinction is to be made between the words “without issue” and “without leaving issue.” Wilson v. Wilson, 32 Barb. (N. Y.) 328; McGraw v. Davenport, 6 Port. (Ala.) 319. In Connecticut, it has been repeatedly held that the expression “dying without issue,” and like expressions, have reference to the time of the death of the party, and not to an indefinite failure of issue. Phelps v. Phelps, 55 Conn. 359, 11 Atl. 596. Dying without children imports not a failure of issue at any indefinite future period, but a leaving no children at the death of the legatee. Condict v. King, 13 N. J. Eq. 375.