New York Estates, Powers & Trusts Law Section 3-3.3 - Disposition to issue or brothers or sisters of testator not to lapse; application to class dispositions

3-3.3 Disposition  to  issue or brothers or sisters of testator not to
        lapse; application to class dispositions
(a) Unless the will whenever executed provides otherwise:
(1) Instruments executed prior to September  first,  nineteen  hundred
  ninety-two.  Whenever a testamentary disposition including a disposition
  of a future estate other than a future estate  subject  to  a  condition
  precedent  of surviving the testator is made to a beneficiary who is one
  of the testator's issue or a brother or  sister,  and  such  beneficiary
  dies  during  the  lifetime of the testator leaving issue surviving such
  testator, such disposition does not lapse but vests  in  such  surviving
  issue, by representation.
(2) Instruments executed on or after September first, nineteen hundred
  ninety-two.  Whenever a testamentary disposition including a disposition
  of a future estate other than a future estate  subject  to  a  condition
  precedent  of surviving the testator is made to a beneficiary who is one
  of the testator's issue or a brother or  sister,  and  such  beneficiary
  dies  during  the  lifetime of the testator leaving issue surviving such
  testator, such disposition does not lapse but vests  in  such  surviving
  issue, by representation.
(3)  The  provisions  of  subparagraphs  (1) and (2) of this paragraph
  apply to a disposition made in the form of a class  gift  other  than  a
  disposition  to  "issue,""descendents," or a class described by language
  of similar import, as if the disposition were made to the  beneficiaries
  by  their  individual  names,  except that no benefit shall be conferred
  hereunder upon the surviving issue of an ancestor who  died  before  the
  execution of the will in which the disposition to the class was made.
(b)  As used in this section, the terms "issue", "surviving issue" and
  "issue surviving" include adopted children and their issue to the extent
  they would be included in a  disposition  to  "issue"  under  2-1.3  and
  subdivision  two  of  section  one  hundred  seventeen  of  the domestic
  relations law, and nonmarital children; for this purpose,  a  nonmarital
  child is the child of his mother and is the child of his father if he is
  entitled to inherit from his father under 4-1.2.

Last modified: February 3, 2019