New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 34

34 Meaning of heir (male or female) or heirs (male or female) of the body of any person

(1) Where under the terms of any instrument coming into operation after the commencement of this Act any property vests in--

(a) the heir or heirs of the body of any person, or

(b) the heir or heirs male, or the heir or heirs male of the body of any person, or

(c) the heir or heirs female, or the heir or heirs female of the body of any person,

the property shall vest as follows--

In case (a) in the issue of such person as tenants in common per stirpes,

in case (b) in the sons and issue of sons of such person as tenants in common per stirpes, and

in case (c) in the daughters and the issue of daughters of such person as tenants in common per stirpes.

(2) This section applies only if and as far as a contrary or other intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument and to the provisions therein contained.