2019 New York Laws
EPT - Estates, Powers and Trusts
Article 3 - Substantive Law of Wills
Part 3 - Rules Governing Testamentary Dispositions
3-3.3 - Disposition to Issue or Brothers or Sisters of Testator Not to Lapse; Application to Class Dispositions
§ 3-3.3 Disposition to issue or brothers or sisters of testator not to
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 including a disposition
of a future estate other than a future estate subject to a condition
precedent of surviving the testator is made to a beneficiary who is one
of the testator's issue or a brother or sister, 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.
(2) Instruments executed on or after September first, nineteen hundred
ninety-two. Whenever a testamentary disposition including a disposition
of a future estate other than a future estate subject to a condition
precedent of surviving the testator is made to a beneficiary who is one
of the testator's issue or a brother or sister, 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) of this paragraph
apply to a disposition made in the form of a class gift other than a
disposition to "issue,""descendents," or a class described by language
of similar import, 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.
