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the New York Laws
2017 New York Laws
EPT - Estates, Powers & Trusts
Article 2 - Rules Governing Dispositions Subject to This Law
Part 1 - Substantive Rules Governing Dispositions
2-1.2 - Issue to Take per Capita, per Stirpes or by Representation
Universal Citation: NY Est Pow & Trusts L § 2-1.2 (2017)
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.
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