New York Law (NYLE) Practice Exam

According to New York law, who is entitled to take under a will when a term “his issue” is used?

1. Only biological children

2. All descendants

3. Only living children

4. Only grandchildren of the testator

The correct answer is: All descendants

The term "his issue" in the context of a will refers to all descendants of the individual, which includes not only biological children but also grandchildren, great-grandchildren, and further generations. Therefore, when a testator uses the term "his issue," it encompasses the entire line of descendants stemming from that individual. This broad interpretation is consistent with New York's inheritance laws, which aim to include all lines of descent. In contrast, other options are more restrictive. The first choice focuses solely on biological children, ignoring the broader lineage and the inclusive nature of the term. The option that limits it to only living children excludes those who may have died with surviving descendants, who would still be entitled to inherit under the "his issue" term. Lastly, restricting it to grandchildren of the testator fails to account for the lineage beyond that generation, thus not fully recognizing all descendants as intended by the phrase "his issue."