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{{Short description|In genealogy and wills, one's lineal descendants}} |
{{Short description|In genealogy and wills, one's lineal descendants}} |
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In [[genealogy]] and [[Will (law)|wills]], a person's '''issue''' |
In [[genealogy]] and [[Will (law)|wills]], a person's '''issue''' means all their [[Lineal_descendant|lineal descendants]]. |
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==Lineal descendants== |
==Lineal descendants== |
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''Issue'' typically means a person's [[lineal descendant]]s—all genetic descendants of a person, regardless of degree.<ref>Glenda K. Harnad, J. D. and Karl Oakes, J. D., ''Corpus Juris Secundum'', Descent and Distribution § 35 (2015)</ref> Issue is a narrower category than [[heir]]s, which includes spouses, and collaterals ([[sibling]]s, [[cousin]]s, [[aunt]]s, and [[uncles]]).<ref>HEIR, ''Black's Law Dictionary'' (10th ed. 2014).</ref> This meaning of ''issue'' arises most often in [[Will (law)|wills]] and [[Trust law|trusts]].<ref>For example, In re Auclair's Estate, 75 Cal. App. 2d 189, 170 P.2d 29 (1st Dist. 1945); Brawford v. Wolfe, 103 Mo. 391, 15 S.W. 426 (1891)</ref> A person who has no living lineal descendants is said to have died '''without issue'''. |
''Issue'' typically means a person's [[lineal descendant]]s—all genetic descendants of a person, regardless of degree.<ref>Glenda K. Harnad, J. D. and Karl Oakes, J. D., ''Corpus Juris Secundum'', Descent and Distribution § 35 (2015)</ref> Issue is a narrower category than [[heir]]s, which includes spouses, and collaterals ([[sibling]]s, [[cousin]]s, [[aunt]]s, and [[uncles]]).<ref>HEIR, ''Black's Law Dictionary'' (10th ed. 2014).</ref> This meaning of ''issue'' arises most often in [[Will (law)|wills]] and [[Trust law|trusts]].<ref>For example, In re Auclair's Estate, 75 Cal. App. 2d 189, 170 P.2d 29 (1st Dist. 1945); Brawford v. Wolfe, 103 Mo. 391, 15 S.W. 426 (1891)</ref> A person who has no living lineal descendants is said to have died '''without issue'''. |
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A [[child]] or children are first-generation descendants and are a subset of issue.<ref>{{cite web |title=Issue and children in wills |url=https://willshub.com.au/issue/ |website=willshub.com.au |publisher=BHS Legal |access-date=17 December 2021 |language=en |orig-date=25 August 2020 |date=17 March 2022 |url-status=live |archive-url=https://archive. |
A [[child]] or children are first-generation descendants and are a subset of issue.<ref>{{cite web |title=Issue and children in wills |url=https://willshub.com.au/issue/ |website=willshub.com.au |publisher=BHS Legal |access-date=17 December 2021 |language=en |orig-date=25 August 2020 |date=17 March 2022 |url-status=live |archive-url=https://archive.today/20220911134239/https://willshub.com.au/issue/ |archive-date=September 11, 2022}}</ref> |
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==See also== |
== See also == |
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* {{annotated link|Legitimacy (family law)}} |
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* {{annotated link|Lineal descendant}} |
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==References== |
==References== |
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{{Reflist}} |
{{Reflist}} |
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[[Category:Descent]] |
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[[Category:Family history]] |
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[[Category:Legal terminology]] |
[[Category:Legal terminology]] |
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Latest revision as of 20:36, 14 October 2024
In genealogy and wills, a person's issue means all their lineal descendants.
Lineal descendants
[edit]Issue typically means a person's lineal descendants—all genetic descendants of a person, regardless of degree.[1] Issue is a narrower category than heirs, which includes spouses, and collaterals (siblings, cousins, aunts, and uncles).[2] This meaning of issue arises most often in wills and trusts.[3] A person who has no living lineal descendants is said to have died without issue.
A child or children are first-generation descendants and are a subset of issue.[4]
See also
[edit]- Legitimacy (family law) – Legal status of a child born to parents who are legally married
- Lineal descendant – Blood relative in the direct line of descent
- Primogeniture – Inheritance by the eldest, usually male, child
- Royal bastard – Child of a reigning monarch born out of wedlock
- Royal descent – Genealogical kinship and descent
References
[edit]- ^ Glenda K. Harnad, J. D. and Karl Oakes, J. D., Corpus Juris Secundum, Descent and Distribution § 35 (2015)
- ^ HEIR, Black's Law Dictionary (10th ed. 2014).
- ^ For example, In re Auclair's Estate, 75 Cal. App. 2d 189, 170 P.2d 29 (1st Dist. 1945); Brawford v. Wolfe, 103 Mo. 391, 15 S.W. 426 (1891)
- ^ "Issue and children in wills". willshub.com.au. BHS Legal. 17 March 2022 [25 August 2020]. Archived from the original on September 11, 2022. Retrieved 17 December 2021.