Legal Question in Family Law in Georgia
reading of a will
i want to know what a few words mean when reading a WILL. it says: share and share alike, in equal part, each to receive one half thereoff in fee simple forever, the division to be stirpes and not per capita and the child or children to take its parents share.
the part each to receive , all the way to the bottom i do not understand. are there other children involved. thank you for your time.
1 Answer from Attorneys
Re: reading of a will
A lot of the language lawyers (including myself) use in wills is antiquated but has been used for hundreds of years. It sounds like the willmaker left the property to two individuals. "Per capita" would have meant that if one of the two had predeceased the willmaker, the other one would inherit all. "Per stirpes" means that if one had predeceased the willmaker, the heirs of the one that predeceased would divvy up one-half of the bequest.
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