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FAILURE, OF ISSUE

Legal Term: FAILURE, OF ISSUE

Definition: When there is a want of issue to take an estate limited over by an executory devise.

2. 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.

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***All definitions are taken from the 1856 Edition of Bouviers Law Dictionary

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