Section 3-3.3. Disposition to issue or brothers or sisters of testator not to  


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  • 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 is made to the issue or
      to a brother or sister of the testator, 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, per
      stirpes.
        (2) Instruments executed on or after September first, nineteen hundred
      ninety-two. Whenever a testamentary disposition is made to the issue  or
      to a brother or sister of the testator, 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) apply to a disposition
      made to issue, brothers or sisters as a class 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.