When any possession has been or shall be conveyed limiting the remainder of the possession to the son or daughter of any person, born after the death of its parent, possession shall be taken the same as if he or she was born during the life of the parent, although no possession should have been conveyed to sustain the remainder of a contingent possession after his death, and after this an absolute possession or bequest may be made, commencing in the future, in writing in the same manner as by will.
History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 28; C.L. 1884, § 1427; C.L. 1897, § 2047; Code 1915, § 4767; C.S. 1929, § 117-111; 1941 Comp., § 75-115; 1953 Comp., § 70-1-18.
Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
For note, "Contingent Remainders; Rule of Destructibility Abolished in New Mexico," see 10 N.M.L. Rev. 471 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Deeds §§ 30, 289, 290, 214; 28 Am. Jur. 2d Estates § 132; 51 Am. Jur. 2d Life Tenants and Remaindermen §§ 5 to 13.
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