N.Y. Estates, Powers and Trusts Law 2-1.2 – Issue to take per capita, per stirpes or by representation
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§ 2-1.2 Issue to take per capita, per stirpes or by representation
Terms Used In N.Y. Estates, Powers and Trusts Law 2-1.2
- Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
(a) Instruments executed prior to September first, nineteen hundred ninety-two. Whenever a disposition of property is made to "issue", such issue, if in equal degree of consanguinity to their common ancestor, take per capita, but if in unequal degree, per stirpes, unless a contrary intention is expressed.
(b) Instruments executed on or after September first, nineteen hundred ninety-two. Whenever a disposition of property is made to "issue", such issue take by representation as defined in 1-2.16, unless a contrary intention is expressed.