Statute · New York Estates, Powers & Trusts Law

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

N.Y. Est. Powers & Trusts Law § 2-1.2

Type
Statute
Source
New York Estates, Powers & Trusts Law
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 2-1.2 Issue to take per capita, per stirpes or by representation

Citator

N.Y. Est. Powers & Trusts Law § 2-1.2 — Issue to take per capita, per stirpes or by representation is in force in the current edition of the Code, and nothing recorded condemns it.

§ 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.