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Construction of terms, etc

Cap. 203, s. 26 · Revised Edition 2020

(1) In any devise or bequest of real or personal estate the words “die without issue” or “die without leaving issue” or “have no issue” or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention appears by the will by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise. (2) This Act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there is no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue.
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