Meaning of heirs and issue in certain remainders

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70-1-518. Meaning of heirs and issue in certain remainders. When a future interest is limited by a grant to take effect on the death of any person without heirs or heirs of the person's body or without issue or in equivalent words, the words must be taken to mean successors or issue living at the death of the person named as ancestor.

History: En. Sec. 44, p. 486, Bannack Stat.; re-en. Sec. 44, p. 403, Cod. Stat. 1871; re-en. Sec. 221, 5th Div. Rev. Stat. 1879; re-en. Sec. 279, 5th Div. Comp. Stat. 1887; amd. Sec. 1475, Civ. C. 1895; re-en. Sec. 4607, Rev. C. 1907; re-en. Sec. 6854, R.C.M. 1921; Cal. Civ. C. Sec. 1071; Field Civ. C. Sec. 477; re-en. Sec. 6854, R.C.M. 1935; R.C.M. 1947, 67-1520; amd. Sec. 2057, Ch. 56, L. 2009.


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