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.
OwnershipTermination of Ownership
Section § 739
This law states that if there's a future interest in an inheritance that only comes into play if someone dies without children or heirs, it is nullified if that person has a child born after their death who can inherit.
future interest contingency death without heirs
Section § 740
This law says that if someone sets up a future interest—like leaving property to someone else in their will—they can also set out ways to cancel or change that interest. Just because the future interest can be canceled doesn't mean the interest is invalid right from the start.
A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation.
future interest defeat creation
Section § 741
This law states that if you own an interest in property that's supposed to pass on in the future to someone else, you can't mess that up by selling it or doing anything else with it. The only exceptions are rules in the next section of the law or if breaking a law gets you a penalty that affects your interest.
No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by the next section, or where a forfeiture is imposed by statute as a penalty for the violation thereof.
future interest property transfer precedent interest
Section § 742
This law says that if there's a future interest in property that's set up correctly, it won't be voided just because the earlier interest ends before the event that triggers the future interest happens. If that event does happen later, the future interest will take effect as though the earlier interest lasted until that time.
No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.
future interest contingency precedent interest
