Written by attorneys · grounded in primary & secondary sources — see below
A single degree or stage in the succession of persons in natural descent. The term identifies the horizontal tier of descendants relative to a designated ancestor for purposes of dividing property under rules of representation or per stirpes.
Gino Giordano left a trust directing distribution of residue to his issue per capita at each generation. At distribution his son survived along with three grandchildren from a predeceased daughter. The trustee divided the property into two equal shares, one allocated outright to the son and the other divided equally among the three grandchildren.
Gregory Gates executed a will leaving property to his descendants per stirpes. His two children survived him, but one child had already died leaving two grandchildren. The executor created two initial shares, gave one share to the living child, and subdivided the second share equally between the two grandchildren.
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Guadalupe Gallegos died intestate survived by a niece through a full sister and a nephew through a half-brother. Both claimants stood in the same generational tier. The court awarded each an equal share, disregarding that the niece shared two common ancestors while the nephew shared only one.
Geraldine Grant died intestate survived by two children and four grandchildren from a predeceased child. The administrator divided the estate into three equal shares at the first generational tier, allocating one share to each living child and subdividing the third share among the four grandchildren.
George Gomez's will left residue to his descendants by representation. One son survived. Another predeceased leaving three children. The executor formed two shares at George's generational level, gave one to the living son, and divided the remaining share equally among the three grandchildren.
Gloria Green devised property to her issue per capita at each generation. At her death two daughters survived and one son had left two grandchildren. The trustee created three shares, allocated one to each daughter, and split the third share equally between the two grandchildren.
Per capita at each generation divides property into shares based on the nearest generation containing survivors and then pools and re-divides remaining shares among further descendants. Per stirpes begins division at the children of the ancestor and subdivides each deceased child's share at every succeeding generation.
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No. An heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent, eliminating distinctions based on full blood versus half blood once generational proximity is established.
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The property is distributed among living class members at the distribution date in the shares they would receive under intestate succession if the designated ancestor had then died intestate owning the property.
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…Facing the Accuser: Ancient and Medieval Precursors of the Confrontation Clause, 34 Va. J. Int'l L. 481 (1994). The founding generation's immediate source of the concept, however, was the common law. English common law has long differed from continental civil law in regard to the manner in which witnesses give testimony in…