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The Laws of New York
Consolidated Laws of New York
CHAPTER 17-B
Estates, Powers & Trusts
ARTICLE 2
Rules Governing Dispositions Subject to This Law
PART 1
Substantive Rules Governing Dispositions
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SECTION 2-1.1
Heirs at law and next of kin defined
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PART 1
Substantive Rules Governing Dispositions
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SECTION 2-1.3
Adopted children and posthumous children as members of a class
This entry was published on 2014-09-22
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SECTION 2-1.2
Issue to take per capita, per stirpes or by representation
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 2, PART 1
§ 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.