Where a future estate is limited to "heirs," "issue," or "children," posthumous children are entitled to take the estate in the same manner as if born before the death of the parent. Any future estate depending upon the death of a person without heirs, issue, or children is defeated by the birth of a posthumous child of such person capable of taking by descent.
Structure Code of Alabama
Chapter 4 - Conveyances and Creation of Estates.
Article 1 - General Provisions.
Section 35-4-1 - Who May Convey Lands by Deed or Will.
Section 35-4-2 - Estate Taken as Fee Simple Unless Expressly Limited.
Section 35-4-3 - Fee Tail Converted Into Fee Simple.
Section 35-4-4 - Rule Against Perpetuities.
Section 35-4-5 - Conveyance to Avoid Perpetuities.
Section 35-4-7 - Survivorship Between Joint Tenants.
Section 35-4-8 - Posthumous Children Included in "Heirs," "Issue," or "children."