Issue to Take per Capita, per Stirpes or by Representation

  1. Law
  2. New York Laws
  3. Estates, Powers and Trusts
  4. Rules Governing Dispositions Subject to This Law
  5. Substantive Rules Governing Dispositions
  6. 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

(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.


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