Legal Definition and Related Resources of Per stirpes
Meaning of Per stirpes in England
(Lat. stirps, trunk or root of a tree or race). By or according to stocks or roots; by right of representation. Gen. St. Mass. 1860; c. 9, § 12; 6 Cush. (Mass.) 158, 162; 2 Bl. Comm. 217, 218; 2 Steph. Comm. 253; 2 Wooddeson, Lect. 114. 115; 2 Kent, Comm. 425.
Meaning of Per stirpes in American Estate Planning
In their wills and trusts, our clients almost always divided their wealth per stirpes–or, “by the branch,” so that each child, together with any family, received an equal share–instead of per capita–or “by the head,” where every individual beneficiary would receive an equal share.
Meaning of Per Capita, Per Stirpes in England
Per capita literally means by the heads or polls, according to the number of individuals; share and share alike. The term per stirpes however, means by the roots or stocks ; by representation . The terms have been used to refer to the share of an estate which is to be allotted to members of a class of heirs. To take per capita means to take equally with other children, and in one’s own right . To take per stirpes means to take by representation of roots or stocks who are the individual’s nearest of kin of the decedent
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Browse the Legal ThesaurusFind synonyms and related words of Per Stirpes
| Resource | Description |
|---|---|
| Per Stirpes in the Dictionary | Per Stirpes in our legal dictionaries |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Per Stirpes in the World Encyclopedia of Law |
Notice
This definition of Per Stirpes is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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See also
Right Of Representation in the American legal Encyclopedia
Per Capita
Concept of Per Stirpes in the context of Real Property
A short definition of Per Stirpes: As a representative, and not as an individual. In the laws of descent and distribution, one who takes because of the deceased ancestor. For example: A leaves equally to B and C per stirpes. C dies, leaving three children. The estate goes one half to B, one half to be divided among the three children of C. See also: Per Capita.
Concept of Per Stirpes in the context of Real Property
A short definition of Per Stirpes: As a representative, and not as an individual. In the laws of descent and distribution, one who takes because of the deceased ancestor. For example: A leaves equally to B and C per stirpes. C dies, leaving three children. The estate goes one half to B, one half to be divided among the three children of C. See also: Per Capita.
Etimology of Per Stirpes
(You may find per stirpes at the world legal encyclopedia and the etimology of more terms).
Latin, “by families, by stocks;” in legal use, for inheritances, etc., opposed to per capita.
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