In property law, the term “definite failure of issue” refers to a situation where there are no surviving children at the moment when decedent’s property would have passed to them under the terms of a deed or will.  A definite failure of issue occurs when a precise time is fixed by the will for the failure of issue, as in the case where there is a devise to one, but if he dies without issue or lawful issue living at the time of his death.

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