How has the word “issue” been interpreted in the context of the term “heirs male of the body” in a will?
Ontario, Canada
The following excerpt is from R. v. Evans, 1894 CanLII 41 (ON CA):
He then refers to Jordan v. Adams, 6 C.B.N.S. 748, in which the words “‘heirs male of the body,’ were held to be restricted to ‘sons’ by reason of a subsequent reference to ‘their father,’ as here we find the same word ‘issue’ used, when the will directs that the issue shall take the share of the parent.”
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