When a balance or residue, in lands or tenements, goods or property, is limited by writing or otherwise to take effect after the decease of any person without heirs, or bodily heirs, or succession, the words heirs and successors shall be so construed as to mean heirs or successors living, at the time of the decease of the person styled ancestor.

History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 25; C.L. 1884, § 1424; C.L. 1897, § 2044; Code 1915, § 4764; C.S. 1929, § 117-108; 1941 Comp., § 75-113; 1953 Comp., § 70-1-16.

Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 Am. Jur. 2d Estates §§ 171 to 181, 286.

"Issue," meaning of term where used as a word of purchase, 2 A.L.R. 930, 117 A.L.R. 691.

Transfer of expectancy by prospective heir, 17 A.L.R. 597, 44 A.L.R. 1465, 121 A.L.R. 450.

"Heirs" of living person, validity and effect of deed to, 22 A.L.R. 713.

Release of possibility of reverter, 38 A.L.R. 1111, 114 A.L.R. 614.

Future estate or interest in property as asset in bankruptcy, 48 A.L.R. 784, 58 A.L.R. 773.

Questions arising in connection with possibility of reverter, 51 A.L.R. 1473.

Possibility of issue extinct as affecting property rights, 67 A.L.R. 538, 98 A.L.R.2d 1285.

Living members of class as excluding their children from the class under grant to issue, 83 A.L.R. 164.

Vested or contingent character of remainder which is subject to be defeated by death of remainderman without issue before termination of particular estate, 109 A.L.R. 136.

Possibility of reverter in case of fee simple conditional, 114 A.L.R. 612.

Remainder or reversion as resulting from grant to one for life, and in specified event to heirs or next of kin of grantor, 125 A.L.R. 548, 16 A.L.R.2d 691.

Taking per stirpes or per capita under deed, 13 A.L.R.2d 1023.

Grant to one for life, and afterwards, either absolutely or contingently, to grantor's heirs or next of kin, as leaving reversion or creating remainder, 16 A.L.R.2d 691.

Devise or bequest which does not state character or duration of estate, but purports to dispose of what remains at death of devisee or legatee, as creating a fee or life estate, 17 A.L.R.2d 7.

Gift to issue, children, wife, etc., as implied from a provision over in default of such persons, 22 A.L.R.2d 177.

Who are within gift or grant to "offspring," 23 A.L.R.2d 842.

Time as of which members of class described as grantor's "heirs," "next of kin," "relations," and the like, to whom a future gift is made, are to be ascertained, 38 A.L.R.2d 327.

Destruction of possibility of reverter by transfer, 53 A.L.R.2d 224.

Time of ascertaining persons to take where designated as the "heirs," "next of kin," "descendants," etc., of one other than the testator, trustor, grantor, life tenant, or remainderman, 60 A.L.R.2d 1394.

When is a gift by deed of trust one to a class, 61 A.L.R.2d 212.

Time of ascertaining persons to take under deed, where designated as the "heirs," "next of kin," "children," "relations," etc., of life tenant or remainderman, 65 A.L.R.2d 1408.

Person entitled to inter vivos grant to "husband," "wife," or "widow," 71 A.L.R.2d 1273.

Validity of statute canceling, destroying, nullifying, or limiting the enforcement of rights of re-entry for condition broken or possibilities of reverter, 87 A.L.R.3d 1011.

26 C.J.S. Deeds §§ 7, 115, 124, 126; 31 C.J.S. Estates § 103.