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New York · Through 2026-09-11

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

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Where this section sits in the code
  1. Estates, Powers & Trusts Law
  2. Article 2. Rules Governing Dispositions Subject to This Law
  3. Part 1. Substantive Rules Governing Dispositions

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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