Whenever in any deed or other instrument in writing, not testamentary, or in any will of a testator, an estate, either in real or personal property, shall be limited to take effect on the death of any person without heirs of the body, issue or issue of the body, or other equivalent words, such words shall not be construed to mean an indefinite failure of issue, but failure at the time of the death of such person.
HISTORY: 1962 Code Section 57-3; 1952 Code Section 57-3; 1942 Code Section 8871; 1932 Code Section 8871; Civ. C. '22 Section 5323; Civ. C. '12 Section 3551; Civ. C. '02 Section 2464; G. S. 1682; R. S. 1976; 1853 (12) 298.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 5 - Estates And Construction Of Documents Creating Estates
Section 27-5-10. Tenure of lands in State.
Section 27-5-20. Rule in Shelley's Case.
Section 27-5-30. Construction of terms "failure of issue" and the like.
Section 27-5-40. Feoffment with livery of seizin shall not defeat remainder.
Section 27-5-50. Warranties by life tenants; collateral warranties.
Section 27-5-60. Feoffments made by person wrongfully in possession.
Section 27-5-90. Effect of descent cast.
Section 27-5-100. Right of entry of lawful owner or heirs against heirs of disseizor.
Section 27-5-110. Entry on land.
Section 27-5-120. Posthumous child shall take under will or settlement.