Steinbrenner v. Dreher

It is the contention of plaintiffs that the expression “in the event of the death of either without issue,” as used by Anna C. Minch in the part of her will in controversy, must be taken in its natural and ordinary meaning, as referring to the time of the death of the particular beneficiary.

Conversely, the defendants insist that the gift became absolute upon the decease of the testatrix and that the quoted language refers only to the death of the particular beneficiary without issue prior to the demise of Anna C. Minch.

While in a number of jurisdictions the words “die without issue” have…