Definition of CAPITA, or PER CAPITA


CAPITA, or PER CAPITA

By heads. An expression of frequent occurrence
in laws regulating the distribution of the estates of persons dying intestate.
When all the persons entitled to shares in the distribution are of the same
degree of kindred to the deceased person, (e.g. when all are grandchildren,)
and claim directly from him in their own right and not through an intermediate
relation, they take per capita, that is, equal shares, or share and share
alike. But when they are of different degrees of kindred, (e. g. some tho
children, others the grandchildren or the great grandchildren of the, deceased,)
those more remote take er stirpem or per stirpes, that is, they take respectively
the shares their parents (or other relation standing in the same degree
with them of the surviving kindred entitled) who are in the nearest degree
of kindred to the intestate,) would have taken had they respectively survived
the intestate. Reeves" Law of Descent, Introd. xxvii.; also 1 Rop. on Leg.
126, 130. See Per Capita; Per Stirpes; Stirpes;

Source: Bouviers Law Dictionary 1856 Edition

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