Legal Question in Wills and Trusts in New Jersey

Bequeath to beloved issue,per stirpes and not per capita

There is a sentence in my moms will that states she provides as follows:

I give and bequeath to my beloved issue, per stirpes and not per capita, equally, share and share alike, absolutely and forever.

Please explain to me what that means in laymans terms...I have 3 sisters alive and one brother. Mom had one daughter die before her.

My other sisters say that phase means the deceased daughter kids get her share of the estate 1/6 to split between the 2 kids of my deceased sister. I do not find any where in moms will, that states that if one of her (MOMs) children were to die than the grandchildren to that child inherits that share....

Please help me understand....Mom only states thruout the will to my beloved issue, per stirpes and not per capita.


Asked on 2/12/05, 10:12 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Bequeath to beloved issue,per stirpes and not per capita

The language used in the will is really not very accurate because "per stirpes" is not necessarily "equal"...however, I read the will to say a distribution per stirpes, (not per capita) which would mean that the grandchildren would take their deceased parents share.

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Answered on 2/13/05, 1:46 pm


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