§ 64.1-3. When parties take per capita and when per stirpes.
Whenever those entitled to partition are all in the same degree of kindred to the intestate, they shall take per capita or by persons; and when, a part of them being dead and a part living, the issue of those dead have right to partition, such issue shall take per stirpes or by stocks, that is to say, the shares of their deceased parents.
(Code 1950, § 64-3; 1968, c. 656.)