NYSTATUTES - MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK...

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MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED ESTATES, POWERS AND TRUSTS LAW §1-2.11 Per capita A disposition or distribution of property is per capita when it is made to persons, each of whom is to take in his own right an equal portion of such property. § 1-2.14 Per stirpes A per stirpes disposition or distribution of property is made to persons who take as issue of a deceased ancestor in the following manner: The property so passing is divided into as many equal shares as there are (I) surviving issue in the generation nearest to the deceased ancestor which contains one or more surviving issue and (ii) deceased issue in the same generation who left surviving issue, if any. Each surviving member in such nearest generation is allocated one share. The share of a deceased issue in such nearest generation who left surviving issue shall be distributed in the same manner to such issue. § 1-2.16 Representation By representation means a disposition or distribution of property made in the following manner to persons who take as issue of a deceased ancestor: The property so passing is divided into as many equal shares as there are (I) surviving issue in the generation nearest to the deceased ancestor which contains one or more surviving issue and (ii) deceased issue in the same generation who left surviving issue, if any. Each surviving member in such nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving issue of the deceased issue as if the surviving issue who are allocated a share had predeceased the decedent, without issue. § 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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§ 3-2.1 Execution and attestation of wills; formal requirements (a) Except for nuncupative and holographic wills authorized by 3-2.2, every will must be in writing, and executed and attested in the following manner: (1) It shall be signed at the end thereof by the testator or, in the name of the testator, by another person in his presence and by his direction, subject to the following: (A) The presence of any matter following the testator's signature, appearing on the will at the time of its execution, shall not invalidate such matter preceding the signature as appeared on the will at the time of its execution, except that such matter preceding the signature shall not be given effect, in the discretion of the surrogate, if it is so incomplete as not to be readily comprehensible
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This note was uploaded on 04/09/2008 for the course LAW nyprac taught by Professor Lipshie during the Spring '08 term at Wisconsin.

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NYSTATUTES - MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK...

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