§ 3-3.3 — Disposition to issue or brothers or sisters of testator not to

New York § 3-3.3

• Jurisdiction: New York
• Law EPT: Estates, Powers & Trusts
• Part 3: Rules Governing Testamentary Dispositions
• Art. 3: Substantive Law of Wills

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§ 3-3.3 Disposition to issue or brothers or sisters of testator not to\n lapse; application to class dispositions\n (a) Unless the will whenever executed provides otherwise:\n (1) Instruments executed prior to September first, nineteen hundred\nninety-two. Whenever a testamentary disposition including a disposition\nof a future estate other than a future estate subject to a condition\nprecedent of surviving the testator is made to a beneficiary who is one\nof the testator's issue or a brother or sister, and such beneficiary\ndies during the lifetime of the testator leaving issue surviving such\ntestator, such disposition does not lapse but vests in such surviving\nissue, by representation.\n (2) Instruments executed on or after September first, nineteen hundred\nninety-two. Whenever a testamentary disposition including a disposition\nof a future estate other than a future estate subject to a condition\nprecedent of surviving the testator is made to a beneficiary who is one\nof the testator's issue or a brother or sister, and such beneficiary\ndies during the lifetime of the testator leaving issue surviving such\ntestator, such disposition does not lapse but vests in such surviving\nissue, by representation.\n (3) The provisions of subparagraphs (1) and (2) of this paragraph\napply to a disposition made in the form of a class gift other than a\ndisposition to "issue,""descendents," or a class described by language\nof similar import, as if the disposition were made to the beneficiaries\nby their individual names, except that no benefit shall be conferred\nhereunder upon the surviving issue of an ancestor who died before the\nexecution of the will in which the disposition to the class was made.\n (b) As used in this section, the terms "issue", "surviving issue" and\n"issue surviving" include adopted children and their issue to the extent\nthey would be included in a disposition to "issue" under 2-1.3 and\nsubdivision two of section one hundred seventeen of the domestic\nrelations law, and nonmarital children; for this purpose, a nonmarital\nchild is the child of his mother and is the child of his father if he is\nentitled to inherit from his father under 4-1.2.\n