Also known as: issue · issues · descendant · descendants · lineal descendants · offspring
Written by attorneys · grounded in primary & secondary sources — see below
Lineal descendants of a person, consisting of children, grandchildren, great-grandchildren, and further generations who trace their lineage directly through blood or adoption.
Dylan Duffy contracted to sell land to Daphne Doyle. Title search revealed an unreleased mortgage lien from Dylan's deceased grandfather's estate. Dylan could not obtain a release from the grandfather's descendants before closing. Daphne refused to perform, asserting the lien rendered title unmarketable.
Police obtained a warrant to search Denise Donovan's home for evidence of fraud. The warrant listed only Denise and omitted her adult children living in the home. Officers seized documents belonging to one of the children. The child moved to suppress, arguing the warrant failed to particularly describe all persons whose effects were subject to seizure.
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Damian Decker testified at trial about the identity of his aunt's descendants. He stated that two individuals present in court were his cousins based on family gatherings he had attended since childhood. The court admitted the testimony because it helped the jury understand the witness's perception of family lineage without requiring expert analysis.
In a probate dispute, Judge Dorothy Daniels referred to the parties' status as descendants of the testator when explaining why certain beneficiaries qualified under the will. The reference was relevant to determining class membership and did not manifest bias.
Delilah Duran filed a petition claiming she and her siblings were issue entitled to take under their great-aunt's trust. Although the trustee contested the degree of relationship, Delilah had a good-faith basis in genealogical records and therefore did not violate the rule against frivolous filings.
A grantor deeded property to a married couple and the issue of their marriage. Upon the couple's divorce, a dispute arose over whether the children's remainder interest had vested. The court applied the conveyance language to determine that the designated class of issue took the property.
Descendants or issue include children, grandchildren, and further generations who trace lineage directly to the decedent. They take priority over collateral relatives such as siblings or cousins.
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When a nongeneral power lapses and the donor created a defined class of descendants, modern doctrine supplies an implied gift to the permissible appointees living at lapse. The property passes per capita among qualifying living descendants.
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Yes. When a qualifying descendant predeceases the time for distribution, the descendant's children step into the parent's place under applicable antilapse principles and share with other living members of the class.
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The release causes the power to lapse. The property then passes under an implied default gift to the living permissible appointees who satisfy the donor's defined class of descendants.
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…end described in question 4(b)," "(a) should this Court formulate detailed decrees in these cases;" "(b) if so, what specific issues should the decrees reach;" "(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;" "(d) should this Court remand to…