Every contingent limitation in any deed or will, made to depend upon the dying of any person without heir, or heirs of the body, or without issue of the body, or without children, or offspring, or descendants, or other relative, shall be a limitation to take effect when such person dies without heir, issue, child, offspring, or descendants, or other relative, as the case may be, living at the time of such person's death, or born to such person within ten (10) months thereafter; unless the intention of such limitation be otherwise expressly and plainly declared in the face of the deed or will creating it.
Code 1858, § 2009 (deriv. Acts 1851-1852, ch. 91, § 3); Shan., § 3675; Code 1932, § 7601; T.C.A. (orig. ed.), § 64-104.
Cross-References. Tennessee uniform statutory rule against perpetuities, title 66, ch. 1, part 2.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 172, 173, 435.
Tennessee Jurisprudence, 20 Tenn. Juris., Perpetuities, § 5; 21 Tenn. Juris., Remainders, Reversions and Executory Interests, § 7; 25 Tenn. Juris., Wills, § 149.
Law Reviews.
Wills — Construction of Gift Over on “Death Without Issue,” 16 Tenn. L. Rev. 479 (1940).