Legal Definition and Related Resources of Capita, Per

means by heads, by the poll. In the distribution of an intestate ‘s estate , the next-of-kin are said to take per capita when they claim in their own right as an equal degree of kindred as distinct from claiming ÔÔper stirpes, that is in the right of an ancestor . Thus, if the only next-of-kin are say two brothers, then the estate will be divided in equal shares among the two brothers, per capita. should , however, one of the brothers have predeceased the intestate, leaving children, the estate of the intestate would be divided into two shares, one for the surviving brother and the other share to be distributed among the children of the predeceased brother.

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Capita, Per in Historical Law

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