Also known as: per stirpes
Written by attorneys · grounded in primary & secondary sources — see below
A method of distributing property among descendants by representation. The property is divided into equal shares equal to the number of surviving children of the designated ancestor plus any deceased children who left surviving descendants. Each surviving child receives one share. The share of each deceased child is subdivided among that child's surviving descendants by the same method, with the process repeating at each generation until the property is fully allocated.
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Grantor died leaving a trust that directed distribution of the remainder to her issue per stirpes. She was survived by one child and by two grandchildren whose parent had predeceased her. The trustee divided the trust property into two equal shares. The surviving child received one share outright. The share that would have gone to the deceased child was divided equally between the two grandchildren.
Testatrix left the residue of her estate in trust for her daughter for life, with the remainder to the daughter's issue per stirpes. The daughter was survived by two children and by one grandchild whose parent had predeceased the daughter. The trustee divided the remainder into three equal shares. Each surviving child received one share. The grandchild received the share that would have passed to the predeceased parent.
Per stirpes divides the property into shares at the first generation of descendants that has living members, with each living member taking one share and the share of each deceased member passing by representation to that member's descendants. Per capita at each generation first creates shares only for the nearest generation with living members and then pools and redivides any remaining shares among the next generation.
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…of trust income and principal (after the death of the testator and his wife) points to equal treatment of the testator’s issue per stirpes, there is a sufficient contrary intent shown to overcome the rule of construction that the class gift of income to grandchildren is given to them as joint tenants with the right of…
…said son should predecease him, the Trustee shall pay the net income derived from the trust fund unto the lineal descendants, per stirpes
…If either of my wife's children predceases (sic) her, the predeceased child's share shall be distributed to his or her issue per stirpes
…shall be conveyed, transferred and paid over in equal shares to and among my issue living at that time, such issue taking per stirpes
…set up to let Dorcas have income and right to sprinkle money to Grandchildren when necessary.... When Dorcas dies then the
A direction to distribute per stirpes is internally inconsistent with a gift limited to 'children' because per stirpes contemplates substitution of descendants for deceased children. Courts therefore construe the word 'children' to mean 'issue' when the instrument also directs per stirpes distribution.
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The spouses hold the present estate as tenants by the entirety. The reference to issue per stirpes creates only future interests in the children that become possessory when the spouses' estate ends.
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The antilapse statute creates a substitute gift for the predeceased stepchild's surviving descendants. Those descendants take the predeceased stepchild's share per stirpes rather than allowing the share to pass to the surviving named stepchildren.
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