I am seeking help in locating cases dealing with the meaning of “issue” and “issue of the body”. I doing a matter dealing with definition of child of an intestate deceased, set to benefit under a blood Intestate Act. The statute speaks of “issue” of the decease and “issue surviving the deceased”.
Williams on Wills, chapter 76
I am sure “issue” in this context is likely to mean simply “descendants” of the deceased, not confined to children i.e. grandchildren, great-grandchildren etc. See Sherrin & Bonhill - The Law and Practice of Intestate Succession or Williams on Wills - Williams refers to a number of cases. Re Linklater Estate (1967) 66 DLR may be helpful.
Thank you very much will consult Williams
Thank you much appreciated
Issue and issue of the body, mean the same.
Issue means any bloodline descendants of the deceased - children, grand-children etc.
You may find this discussion of a Canadian case helpful too https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/3183/index.do
Thank you so much for your help.