SECTIONS 739-742 - California Statutes

CIVIL CODE

SECTION 739-742

739. A future interest, depending on the contingency of the death
of any person without successors, heirs, issue, or children, is
defeated by the birth of a posthumous child of such person, capable
of taking by succession.

740. A future interest may be defeated in any manner or by any act
or means which the party creating such interest provided for or
authorized in the creation thereof; nor is a future interest, thus
liable to be defeated, to be on that ground adjudged void in its
creation.

741. No future interest can be defeated or barred by any alienation
or other act of the owner of the intermediate or precedent interest,
nor by any destruction of such precedent interest by forfeiture,
surrender, merger, or otherwise, except as provided by the next
section, or where a forfeiture is imposed by statute as a penalty for
the violation thereof.

742. No future interest, valid in its creation, is defeated by the
determination of the precedent interest before the happening of the
contingency on which the future interest is limited to take effect;
but should such contingency afterwards happen, the future interest
takes effect in the same manner and to the same extent as if the
precedent interest had continued to the same period.