(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.
Structure New York Laws
EPT - Estates, Powers and Trusts
Article 2 - Rules Governing Dispositions Subject to This Law
Part 1 - Substantive Rules Governing Dispositions
2-1.1 - Heirs at Law and Next of Kin Defined
2-1.2 - Issue to Take per Capita, per Stirpes or by Representation
2-1.3 - Adopted Children and Posthumous Children as Members of a Class
2-1.4 - Words of Inheritance Unnecessary
2-1.5 - Advancements and Their Adjustment
2-1.7 - Presumption of Death From Absence; Effect of Exposure to Specific Peril.
2-1.9 - Distributions in Kind by Executors and Trustees
2-1.10 - Provisions Relating to Infants and Minors
2-1.11 - Renunciation of Property Interests
2-1.12 - Credit Shelter Formula Bequests
2-1.14 - Right to Rcover State Estate and Gift Taxes Where Decedents Retained Interest