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The common law, as above pointed out, had its own perplexities. "Issue" might mean "heirs of the body"-presumptively did mean "heirs of the body" in the case of land. On the other hand, it might mean "children" and presumptively did mean "children" in the case of personalty. "Without issue", on the other hand, might in different contexts either mean without ever having had children, or without children surviving, or even when all descendants shall have expired. For centuries the courts wrestled with such problems of construction, reaching certain conclusions, some of which, having in time proved unsatisfactory, were repealed or modified by statute. The curious fact must now be referred to that after centuries of such discussion, and after the formulation of well-defined rules on the subject, many of the courts in this country suddenly discovered a totally new meaning for the expression "if A die without issue". Instead of meaning "if A die without leaving issue", or "if A die without ever having had issue", or "when A's issue or descendants shall all have expired", the fertile imagination of the courts referred to discovered in these words this quite new and startling meaning "if A dies without issue in the testator's lifetime only"; this is called the substitutionary construction of the words in question, because manifestly, where adopted, it means that if A survives the testator he takes outright and free from any contingency whatever, whereas, on the other hand, if he dies in the testator's lifetime, and only in that event, B, the devisee over, is to take in his place. It is, to say the least, startling that this new interpretation should have been discovered after centuries of discussion about this familiar phrase,

Problems of Construction Arising in the Law of Property. Particularly in the Law of Future Interests