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New York Estates, Powers and Trusts Law Section 2-1.2 - Issue To Take Per Capita, Per Stirpes Or By Representation

Legal Research Home > New York Lawyer > Estates, Powers and Trusts > New York Estates, Powers and 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.

Last modified: July 31, 2006