Dying Without Issue

At Common Law, the phrase “dying without issue” meant an indefinite failure of issue,” meaning that the decedent died without ever having produced any children, as opposed to dying after having produced a child or children but where the child or children died before the decedent. In some states this law has been changed by statute or judicial decision and because the definition of the term is important in some situations, such as intestate succession, it is important to determine the state’s definition.