A future possession depending upon the contingency of the death of a person without heirs shall be revoked by the birth of a posthumous son or daughter of said person capable of succeeding him.
History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 29; C.L. 1884, § 1428; C.L. 1897, § 2048; Code 1915, § 4768; C.S. 1929, § 117-112; 1941 Comp., § 75-116; 1953 Comp., § 70-1-19.
ANNOTATIONS
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 §§ 200, 280, 310.
Afterborn children, conveyance by life tenant and remaindermen in esse as cutting off interest of, under devise for life with remainder to a class, 25 A.L.R. 770.
Right of child en ventre sa mere to take under a conveyance or devise of present interest to parent and children, 50 A.L.R. 619.
Who are within gift or grant to “offspring,” 23 A.L.R.2d 842.
Rights as between estate of life tenant and remaindermen in respect of proceeds of sale or disposition made in exercise of power given life tenant, 47 A.L.R.3d 1078.
31 C.J.S. Estates § 92.