Written by attorneys · grounded in primary & secondary sources — see below
Descendants or children of a person.
Sources & Authorities· 37 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Unreleased Interest Clouds Title
Oliver Okeke contracted to sell land to Odessa Okada. The deed in the chain of title conveyed the parcel to Oliver and his spouse for life with remainder to their offspring. An unreleased remainder interest held by one offspring prevented Oliver from delivering marketable title at closing. Odessa refused to perform and rescinded the contract.
Search Targets Family Members
Police obtained a warrant to search Oscar Ortiz's home for evidence of a crime. The warrant particularly described the place and the persons or things to be seized, including Oscar's adult offspring living in the residence. Officers executed the warrant and seized items belonging to the offspring.
Olive O'Neill testified at trial that she had known the family for years and that the claimant was the offspring of the decedent. The court admitted the opinion because it was rationally based on her perception and helpful to determining a fact in issue.
Legitimate Reference to Lineage
A judge referred to a party's offspring when deciding a custody dispute. The reference was relevant to the issue of parental fitness and did not manifest bias or prejudice under the rules.
Nonfrivolous Claim of Heirship
A lawyer filed a probate petition asserting that the client was the sole offspring of the decedent and therefore entitled to the entire estate. The lawyer had a good-faith basis in fact and law for the claim and did not assert a frivolous position.
Conveyance Creates Remainder
A grantor conveyed land to a husband and wife for their joint lives with remainder to their offspring. The deed created a life estate in the couple followed by a remainder in their children under the applicable property rule.
Common questions
Frequently Asked
1
What does offspring mean in a property conveyance?+
Offspring means the children or descendants of the named grantees. In a conveyance to a couple and their offspring, the term creates a remainder interest in the children after the life estate.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original…