41-4. Limitations on failure of issue.
Every contingent limitation in any deed or will, made to depend upon the dying of any person without heir or heirs of the body, or without issue or issues of the body, or without children, or offspring, or descendant, or other relative, shall be held and interpreted a limitation to take effect when such person dies not having such heir, or issue, or child, or offspring, or descendant, or other relative (as the case may be) living at the time of his death, or born to him within 10 lunar months thereafter, unless the intention of such limitation be otherwise, and expressly and plainly declared in the face of the deed or will creating it: Provided, that the rule of construction contained in this section shall not extend to any deed or will made and executed before the fifteenth of January, 1828. (1827, c. 7; R.C., c. 43, s. 3; Code, s. 1327; Rev., s. 1581; C.S., s. 1737.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Survivorship Rights and Future Interests.
§ 41-1 - Fee tail converted into fee simple.
§ 41-2.1 - Right of survivorship in bank deposits created by written agreement.
§ 41-2.2 - Joint ownership of securities.
§ 41-2.5 - Recodified as G.S41-56(d) by Session Laws 2020-50, s1(b), effective June 30, 2020.
§ 41-3 - Survivorship among trustees.
§ 41-4 - Limitations on failure of issue.
§ 41-5 - Unborn infant may take by deed or writing.
§ 41-6 - "Heirs" construed to be "children" in certain limitations.
§ 41-6.1 - Meaning of "next of kin."
§ 41-6.2 - Doctrine of worthier title abolished.
§ 41-6.3 - Rule in Shelley's case abolished.
§ 41-6.4 - Rule in Dumpor's Case abolished.
§ 41-6.5 - Common-law rule against perpetuities abolished.
§ 41-7 - Possession transferred to use in certain conveyances.
§ 41-8 - Collateral warranties abolished; warranties by life tenants deemed covenants.
§ 41-10.1 - Trying title to land where State claims interest.
§ 41-11 - Sale, lease or mortgage in case of remainders.
§ 41-11.2 - Sale of standing timber; life estate.
§ 41-12 - Sales or mortgages of contingent remainders validated.
§ 41-13 - Freeholders in petition for special taxes defined.