(A) By stock; by roots. 2. When, for example, a man dies intestate, leaving children and grandchildren, whose parents are deceased, the estate is to be divided not per capita, that is, by each of the children and grandchildren taking a share, but per stirpes, by each of the children taking a share, and the grandchildren, the children of a deceased child, taking a share to be afterwards divided among themselves per capita. (B) Meaning by stock or by the roots and is a method to divide property under a will. If Dad leaves his estate to children Bob and Jane, but Bob dies before Dad with two children, Dad’s estate is divided into two parts with each sibling and/or issue getting equal shares, this being one half to Jane and one half distributed between each of Bob’s children (through Bob by right of representation). Under the per capita method, all three would obtain equal 1/3 shares, which is law in some states.
Law Dictionary – Alternative Legal Definition
Latin: By roots or stocks; by representation. This term, derived from the civil law, is much used in the law of descents and distribution, and denotes that method of dividing an intestate estate where a class or group of distributees take the share which their stock (a deceased ancestor) would have been entitled to, taking thus by their right of representing such ancestor, and not as so many individuals; while other heirs, who stand in equal degree with such ancestor to the decedent, take each a share equal to his.