N.Y. Estates, Powers & Trusts Law Section 2-1.2
Issue to take per capita, per stirpes or by representation


§ 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.

Source: Section 2-1.2 — Issue to take per capita, per stirpes or by representation, https://www.­nysenate.­gov/legislation/laws/EPT/2-1.­2 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

Accessed:
Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 2-1.2’s source at nysenate​.gov

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