If he or she were dead at that time, his or her heirs would take the property in his or her stead. The children's interests were indefeasible. If they were living at their father's death, they would inherit at their mother's later death. If one or more of them did not outlive the mother, their heirs would inherit in their place. An infant is one who has not arrived at legal age and, consequently, is not deemed to be capable of handling his or her own affairs.
Legal age is set by state law.
In some states, as at Common Law, the age is 21. In other states, one is deemed to have become an adult and emerged from infancy when he or she reaches the age of 18. Some events may terminate infancy automatically, such as, marriage and employment outside the home. If there is a transfer of land by deed from one living person to another living person, the transfer is said to be an inter vivos transfer. Trusts may be either inter vivos or testamentary according to whether they are created by a document executed by a living person or by the will of a deceased person.