Laws of New York (Last Updated: November 21, 2014) |
EPT Estates, Powers and Trusts |
Article 2. RULES GOVERNING DISPOSITIONS SUBJECT TO THIS LAW |
Part 1. SUBSTANTIVE RULES GOVERNING DISPOSITIONS |
Section 2-1.2. Issue to take per capita, per stirpes or by representation
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(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.