64.1-3 - When parties take per capita and when per stirpes. - Virginia Statutes

§ 64.1-3. When parties take per capita and when per stirpes.

Whenever those entitled to partition are all in the same degree of kindred tothe intestate, they shall take per capita or by persons; and when, a part ofthem being dead and a part living, the issue of those dead have right topartition, such issue shall take per stirpes or by stocks, that is to say,the shares of their deceased parents.

(Code 1950, § 64-3; 1968, c. 656.)