lawful issue


lawful issue
In the broader sense, all the descendants of a person; the technical equivalent of heirs of the body. 57 Am J1st Wills § 1379. Primarily words of limitation, but words of purchase where it appears on the face of a will that the clause should be construed as a word of purchase, as where a devise is to "lawful issue as tenants in common." 57 Am J1st Wills § 1377. A term exclusive of a child born out of wedlock. Olmsted v Olmsted, 190 NY 458, 83 NE 569.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • lawful issue — Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as the words issue and lineal descendant. Category: Wills, Trusts & Estates… …   Law dictionary

  • lawful issue — As used in will the words primarily and generally mean descendants, In re Marsh s Will, 143 Misc. 609, 257 N.Y.S. 514, 521; including descendants more remote than children. In re Woodcock s Will, Sur., 55 N.Y.S.2d 656, 658. At common law, the… …   Black's law dictionary

  • lawful issue — As used in will the words primarily and generally mean descendants, In re Marsh s Will, 143 Misc. 609, 257 N.Y.S. 514, 521; including descendants more remote than children. In re Woodcock s Will, Sur., 55 N.Y.S.2d 656, 658. At common law, the… …   Black's law dictionary

  • lawful — law·ful adj 1 a: being in harmony with the law a lawful judgment a lawful purpose b: constituted, authorized, or established by law a lawful duty 2: law abiding …   Law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • Lawful orders — In the armed forces of the United States, officers (both commissioned and non commissioned) are expected to issue orders to subordinates, in order to carry out assigned duties. These orders are assumed (by them) to be lawful (i.e. not promoting… …   Wikipedia

  • failure of issue — Dying without children. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by the will for the failure of issue, as in… …   Black's law dictionary

  • failure of issue — Dying without children. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by the will for the failure of issue, as in… …   Black's law dictionary

  • definite failure of issue — A technical term of the law of estates in real property which applies where a precise time is fixed for the failure of issue, not in express terms, but inferable with reference to any particular time or event, as in the case of a devise to a… …   Ballentine's law dictionary


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