§ 41-4. Limitations on failure of issue. - North Carolina Statutes

§41‑4.  Limitations on failure of issue.

Every contingent limitation inany deed or will, made to depend upon the dying of any person without heir orheirs 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 alimitation 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 monthsthereafter, unless the intention of such limitation be otherwise, and expresslyand 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 anydeed 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.)