When a testator leaves her property to her descendants "per capita," all living descendants receive an equal share,regardless of their degree of relationship to the testator.

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When property is left to descendants "per capita," it means that each living descendant, regardless of their relationship to the testator, receives an equal share. This is different from leaving property "per stirpes," where the descendants of a predeceased descendant would split their share.

When a Testator Leaves Her Property to Her Descendants "Per