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WILLS ACT 1837 - SECT 29

The words ""die without issue'', or ""die without leaving issue,'' &c. shall mean a want or failure of issue in the lifetime or at the death of the person, except in certain cases.

29. 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 shall appear 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: Provided that 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 shall be 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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