1. MCA Contents
  2. TITLE 70
  3. CHAPTER 1
  4. Part 4
  5. 70-1-422 Future interest contingent on death without children -- how defeated

Montana Code Annotated 2023

TITLE 70. PROPERTY

CHAPTER 1. PROPERTY IN GENERAL REAL AND PERSONAL

Part 4. Conditions and Limitations of Ownership

Future Interest Contingent On Death Without Children -- How Defeated

70-1-422. Future interest contingent on death without children -- how defeated. 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.

History: En. Sec. 45, p. 486, Bannack Stat.; re-en. Sec. 45, p. 403, Cod. Stat. 1871; re-en. Sec. 222, 5th Div. Rev. Stat. 1879; re-en. Sec. 280, 5th Div. Comp. Stat. 1887; amd. Sec. 1180, Civ. C. 1895; re-en. Sec. 4474, Rev. C. 1907; re-en. Sec. 6716, R.C.M. 1921; Cal. Civ. C. Sec. 739; Field Civ. C. Sec. 211; re-en. Sec. 6716, R.C.M. 1935; R.C.M. 1947, 67-417.