When a balance or residue, in lands or tenements, goods or property, is limited by writing or otherwise to take effect after the decease of any person without heirs, or bodily heirs, or succession, the words heirs and successors shall be so construed as to mean heirs or successors living, at the time of the decease of the person styled ancestor.
History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 25; C.L. 1884, § 1424; C.L. 1897, § 2044; Code 1915, § 4764; C.S. 1929, § 117-108; 1941 Comp., § 75-113; 1953 Comp., § 70-1-16.
Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 Am. Jur. 2d Estates §§ 171 to 181, 286.
"Issue," meaning of term where used as a word of purchase, 2 A.L.R. 930, 117 A.L.R. 691.
Transfer of expectancy by prospective heir, 17 A.L.R. 597, 44 A.L.R. 1465, 121 A.L.R. 450.
"Heirs" of living person, validity and effect of deed to, 22 A.L.R. 713.
Release of possibility of reverter, 38 A.L.R. 1111, 114 A.L.R. 614.
Future estate or interest in property as asset in bankruptcy, 48 A.L.R. 784, 58 A.L.R. 773.
Questions arising in connection with possibility of reverter, 51 A.L.R. 1473.
Possibility of issue extinct as affecting property rights, 67 A.L.R. 538, 98 A.L.R.2d 1285.
Living members of class as excluding their children from the class under grant to issue, 83 A.L.R. 164.
Vested or contingent character of remainder which is subject to be defeated by death of remainderman without issue before termination of particular estate, 109 A.L.R. 136.
Possibility of reverter in case of fee simple conditional, 114 A.L.R. 612.
Remainder or reversion as resulting from grant to one for life, and in specified event to heirs or next of kin of grantor, 125 A.L.R. 548, 16 A.L.R.2d 691.
Taking per stirpes or per capita under deed, 13 A.L.R.2d 1023.
Grant to one for life, and afterwards, either absolutely or contingently, to grantor's heirs or next of kin, as leaving reversion or creating remainder, 16 A.L.R.2d 691.
Devise or bequest which does not state character or duration of estate, but purports to dispose of what remains at death of devisee or legatee, as creating a fee or life estate, 17 A.L.R.2d 7.
Gift to issue, children, wife, etc., as implied from a provision over in default of such persons, 22 A.L.R.2d 177.
Who are within gift or grant to "offspring," 23 A.L.R.2d 842.
Time as of which members of class described as grantor's "heirs," "next of kin," "relations," and the like, to whom a future gift is made, are to be ascertained, 38 A.L.R.2d 327.
Destruction of possibility of reverter by transfer, 53 A.L.R.2d 224.
Time of ascertaining persons to take where designated as the "heirs," "next of kin," "descendants," etc., of one other than the testator, trustor, grantor, life tenant, or remainderman, 60 A.L.R.2d 1394.
When is a gift by deed of trust one to a class, 61 A.L.R.2d 212.
Time of ascertaining persons to take under deed, where designated as the "heirs," "next of kin," "children," "relations," etc., of life tenant or remainderman, 65 A.L.R.2d 1408.
Person entitled to inter vivos grant to "husband," "wife," or "widow," 71 A.L.R.2d 1273.
Validity of statute canceling, destroying, nullifying, or limiting the enforcement of rights of re-entry for condition broken or possibilities of reverter, 87 A.L.R.3d 1011.
26 C.J.S. Deeds §§ 7, 115, 124, 126; 31 C.J.S. Estates § 103.
Structure New Mexico Statutes
Article 1 - Conveyances and General Provisions
Section 47-1-1 - "Real estate" defined.
Section 47-1-2 - Monopolies; entailments; primogeniture.
Section 47-1-4 - [Conveyances authorized.]
Section 47-1-4.1 - Actual authority; representatives of business entities; exception.
Section 47-1-5 - [Signing of conveyances.]
Section 47-1-6 - Seal unnecessary.
Section 47-1-7 - [Powers of attorney and revocations thereof to be acknowledged and recorded.]
Section 47-1-8 - [Conveyances under terminated power of attorney; validation.]
Section 47-1-9 - [Notice of revocation or death by means of affidavit.]
Section 47-1-10 - [Recordation of affidavit of termination of power of attorney.]
Section 47-1-11 - [Instruments by agent authorized.]
Section 47-1-12 - [Conveyance by decree or master.]
Section 47-1-14 - [Effect of words "bargained and sold".]
Section 47-1-15 - [Joint grantees or devisees; tenancy in common.]
Section 47-1-16 - [Instrument of conveyance; prima facie evidence of joint tenancy.]
Section 47-1-17 - [Entailed estates.]
Section 47-1-18 - [Reversion; "heirs" and "successors" defined.]
Section 47-1-19 - [Rights of heirs of life tenant when made remaindermen.]
Section 47-1-20 - [Remainder to unborn child.]
Section 47-1-22 - [Grants of rents, returns or remainders.]
Section 47-1-23 - [Transfer of reversion authorized.]
Section 47-1-24 - [Rights of transferee of reversion.]
Section 47-1-26 - [Tax assessment or payment in name of nonowner is not cloud on title.]
Section 47-1-27 - ["Statutory forms" of conveyance and mortgage of real property.]
Section 47-1-28 - [Applicability from effective date of act.]
Section 47-1-29 - ["Warranty deed" effective in fee simple.]
Section 47-1-30 - ["Quitclaim deed" effective in fee simple without warranty.]
Section 47-1-31 - ["Special warranty deed"; effect.]
Section 47-1-32 - ["Grant" effective as a word of conveyance.]
Section 47-1-33 - [Unnecessary terms; construction of deeds or reservations.]
Section 47-1-34 - [Rights included without enumeration.]
Section 47-1-35 - [Conveyance or mortgage to joint tenants.]
Section 47-1-36 - Joint tenancies defined; creation.
Section 47-1-37 - [Effect of warranty covenants in conveyances.]
Section 47-1-38 - [Effect of special warranty covenants in conveyances.]
Section 47-1-39 - [Mortgage or deed of trust provisions; effect.]
Section 47-1-40 - [Construction of "mortgage covenants".]
Section 47-1-41 - Construction of "statutory mortgage condition".
Section 47-1-42 - [Sheriff designated as successor trustee.]
Section 47-1-43 - [Verb "assign" sufficient to transfer interest.]
Section 47-1-44 - Conveyancing forms.
Section 47-1-45 - [Real estate brokerage agreements required to be in writing.]
Section 47-1-46 - [Real estate descriptions by reference to recorded instruments.]
Section 47-1-47 - [Recovery of realty donated to state or municipality for specific purposes.]
Section 47-1-48 - [Rules applicable; service of process.]
Section 47-1-49 - New Mexico coordinate system; zones.
Section 47-1-50 - Zone designations.
Section 47-1-51 - Plane coordinates, x and y; definition.
Section 47-1-52 - Description of land located in more than one zone.
Section 47-1-54 - Recordation of land description based on coordinate system; limitation.
Section 47-1-55 - [Use on maps, reports of survey or other documents.]