Dividing an estate "per stirpes" means each of that deceased beneficiary's heirs will split his or her share.
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An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate.
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Mr. Smith lists both John and Jane at 50 percent each and does not designate the beneficiary to be per stirpes (and therefore is per capita).
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Had Mr. Smith listed both John and Jane at 50 percent per stirpes, even though John had died prior to his father, John's kids would get his 50 percent and Jane (who is still alive) would get the other 50 percent.
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Different branches or stirpes of a gens were usually distinguished by their cognomina, additional surnames following the nomen, which could be either personal or hereditary. Some particularly large stirpes themselves became divided into multiple branches, distinguished by additional cognomina.
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The Gabinii do not seem to have been divided into distinct stirpes. The surnames Capito, Cimber, and Sisenna are associated with individual members.
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Accedunt generum quorundam specierumque omnium definitiones novae, excursus in stirpes difficiliores. Tom. I. Phanerogamia 1: 433Tropicos, Cicerbita Wallr. They are known commonly as blue sow thistles.Genus Cicerbita Wallr.
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Per stirpes (; "by branch") is a legal term from Latin. An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issue in equal shares. It may also be known as strict per stirpesBAR/BRI, 2L/3L Outlines (Dallas, Tex.
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A and B will inherit the entire estate in equal shares. In this case, the descendants of the parents will inherit the entire estate in equal shares. The descendants inherit per stirpes by representation.
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Where an heir who is a descendant of the testator, whether as a member of a class or otherwise, is disqualified from inheriting on any one of the grounds treated above, the benefit that he would have received devolves to his descendants per stirpes. This statutory rule is subject to there being no contrary intention in the will. It is implied that if the heir was NOT a descendant of the testator, then the benefit he/she would have received will NOT devolve upon his/her descendants per stirpes.
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It is commonly and usually used in the field of statistics in place of saying "per person" (although per caput is the Latin for "per head"). It is also used in wills to indicate that each of the named beneficiaries should receive, by devise or bequest, equal shares of the estate. This is in contrast to a per stirpes division, in which each branch (Latin stirps, plural stirpes) of the inheriting family inherits an equal share of the estate. This is often used with the ‘2-0 rule’, a statistical principle that determines which group is larger per capita.
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The different branches of the Servilii each used slightly different sets of praenomina. The oldest stirpes used the praenomina Publius, Quintus, Spurius, and Gaius. The Servilii Caepiones used primarily Gnaeus and Quintus. The Servilii Gemini employed Gnaeus, Quintus, Publius, Gaius, and Marcus.
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407 ("Atratinus").Cassell's Latin and English Dictionary, s.v. atratinus. Tiberius Sempronius Gracchus, from Guillaume Rouillé's Promptuarii Iconum Insigniorum Most or all of the other stirpes of the Sempronii were plebeian. Their surnames included Asellio, Blaesus, Densus, Gracchus, Longus, Musca, Pitio, Rufus, Rutilus, Sophus, and Tuditanus.
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In this case, the surviving parent will inherit half of the estate, and the descendants of the deceased parent will inherit the residue per stirpes by representation. X is the deceased in question. His estate is worth R300,000. F will receive his half share of R150,000.
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The Avieni do not appear to have been divided into distinct stirpes, or branches, identified by hereditary surnames. There was a family of this name at Ostia, where at least some of them were part of the shipwrights' guild, but the members of this family used distinctive personal cognomina.
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Botanical Magazine (London) 24: t. 952, as Fritillaria racemosaMarschall von Bieberstein, Friedrich August. 1808. Flora Taurico-Caucasica exhibens stirpes phaenogamas, in Chersoneso Taurica et regionibus caucasicis sponte crescentes. Charkouiae 1: 269, Fritillaria tenella The species grows in France, Italy, Greece, the Balkans, Austria, Moldova, Ukraine, southern Russia, Turkey, and the Caucasus.
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There were two main branches, or stirpes, of the Publicii under the Republic, distinguished by the cognomina Malleolus and Bibulus. The surname Malleolus is a diminutive of malleus, a hammer, which was used as an emblem on coins of this family.Chase, p. 113.Crawford, Roman Republican Coinage, pp. 333–336.
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Where the surviving spouse does not stand to inherit, and unless the will indicates otherwise, the renounced benefit must devolve on the descendants of that descendant per stirpes. The effect of adiation is that the heir or legatee acquires a vested personal right against the executor for delivery of the asset once the estate has been liquidated.
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Singer's 1986 classification of the Agaricales does not divide subsection Aspideini into stirpes, instead grouping Lactarius repraesentaneus with L. aspideus, L. uvidus, L. luridis, L. psammicola, and L. speciosus. The mushroom is commonly known as the "northern bearded milkcap", the "northern milkcap", or the "purple-staining milkcap". The specific epithet repraesentaneus is Latin for "well-represented".
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Corculum belonged to the patrician gens Cornelia, which was the foremost gens of the Republic in terms of consulships (the Cornelii had obtained 42 consulships before his).Fasti Consulares. The Scipiones formed one of the two main stirpes of the Cornelii—the other being the Lentulii—with 14 consulships since Publius Cornelius Maluginensis Scipio, consul in 395 and founder of the family.
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Galium humifusum (spreading bedstraw) is a plant species in the Rubiaceae.Marschall von Bieberstein, Friedrich August. 1808. Flora Taurico- Caucasica exhibens stirpes phaenogamas, in Chersoneso Taurica et regionibus caucasicis sponte crescentes. Charkouiae 1: 104–105 Its native range stretches from the Black Sea region (Greece, Turkey, Bulgaria, Romania, Ukraine, Belarus, Russia, Caucasus) to Iran, Central Asia, Pakistan, Xinjiang, Mongolia and a few smaller countries.
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Chase, pp. 109, 110. The Valerii Faltones flourished at the end of the third century BC, first appearing at the end of the First Punic War. Their relationship to the other Valerii is not immediately apparent, as none of the older stirpes of the gens used the praenomen Quintus, but they may have been a cadet branch of the Valerii Maximi, whose surname disappears around this time.
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In ancient Rome, a gens ( or ), plural gentes, was a family consisting of individuals who shared the same nomen and who claimed descent from a common ancestor. A branch of a gens was called a stirps (plural stirpes). The gens was an important social structure at Rome and throughout Italia during the period of the Roman Republic. Much of individuals' social standing depended on the gens to which they belonged.
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Their surname, Dolabella, is a diminutive of dolabra, a mattock or pickaxe, and belongs to a common class of surnames derived from everyday objects.New College Latin & English Dictionary, s. v. dolabra. Several lesser patrician stirpes flourished during the late Republic and early years of the Empire. The Cornelii Merendae flourished for about a century, beginning in the early third century BC. Their cognomen means the midday meal, and is also found among the patrician Antonii.
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Such was the rivalry among botanists at that time, to be able to publish a new species first. The first fascicle (volume) of Stirpes Novae (New Plants) came out in March 1785, the second in January 1786, a third in March 1786. Other fascicles made an appearance in 1788 and later. These were published at his own expense, like almost all his botanical works, and included a full-page plate illustrating each new species.
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This process is known as representation per stirpes; it continues ad infinitum. An adopted child is deemed, for all purposes, to be the legitimate child of its adoptive parent. An order of adoption terminates all rights and obligations existing between the child and its natural parents (and their relatives). It follows that an adopted child inherits upon the intestacy of its adoptive parents and their relatives, but not upon the intestacy of its natural parents and their relatives.
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Joseph Hilarius Eckhel, Doctrina Numorum Veterum, v. p. 308 ff. The cognomen Structus almost always occurs in connection with those of Priscus or Ahala. The only Structus who is mentioned with this cognomen alone is Spurius Servilius Structus, who was consular tribune in 368 BC. The fact that Structus appears in two of the oldest stirpes of the Servilii, neither of which clearly predates the other, could indicate that persons bearing this surname were ancestral to both great houses.
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Eucalyptus leptophylla was first formally described in 1856 by the botanist Friedrich Anton Wilhelm Miquel from an unpublished description by Ferdinand von Mueller of a specimen collected by Hans Hermann Behr. The description was published in a paper entitled Stirpes Novo-Hollandas a Ferd Mullero collectas determinavit in the journal Nederlandsch kruidkundig archief. The specific epithet (leptophylla) is derived from the ancient Greek words leptos (λεπτός), meaning "thin" or "slender" and phyllon (φύλλον), meaning "leaf".Backer, C.A. (1936).
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From at least the time of the early Republic, the Papirii are divided into a number of branches, or stirpes, distinguished by their surnames. Cicero lists the patrician cognomina of the Papirii as Crassus, Cursor, Maso, and Mugillanus, while the plebeian families included those of Carbo, Paetus, and Turdus. The Papirii Mugillani were the first of these families to obtain the consulship. Their surname was derived from an ancient city of Latium known as Mugilla, the ancestral home of the Papirii.
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The Cornelii employed a wide variety of praenomina, although individual families tended to favor certain names and avoid others. Servius, Lucius, Publius, and Gnaeus were common to most branches, while other names were used by individual stirpes; Marcus primarily by the Cornelii Maluginenses and the Cethegi, Gaius by the Cethegi, and Aulus by the Cossi. Other names occur infrequently; Tiberius appears once amongst the Lentuli, who later revived the old surname Cossus as a praenomen, while the Cornelii Sullae made use of Faustus.
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In 1824, Vigors proposed five divisions or stirpes of the family Falconidae: Aquilina (eagles), Accipitrina (hawks), Falconina (falcons), Buteonina (buzzards) and Milvina (kites, containing two genera Elanus and Milvus). He characterized the kites as having weaker bill and feebler talons than the buzzards, tail more or less forked, and wings longer than the tail. In Elanus, he grouped the black-winged kite (now several Elanus spp.), scissor-tailed kite (now Chelictinia), and swallow-tailed kite (now Elanoides). These species all have pointed wings with the second primary the longest.
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The filiations of other early Lentuli suggest that their ancestors used the name Gnaeus, suggesting that they could have been descendants of the Cornelii Cossi. The Lentuli used a number of additional surnames, including Caudinus, apparently referring to the Battle of the Caudine Forks, crus, a leg, or the shin, Gaetulicus, bestowed upon the conqueror of the Gaetuli, Lupus, a wolf, Niger, black, Spinther, a bracelet, and Sura, the calf. The Lentuli also revived several old cognomina that had belonged to other stirpes of the Cornelii: Maluginensis, Cossus, Rufinus, and Scipio.
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The earliest of the Valerii known to history bore the praenomen Volesus, which continued to enjoy occasional use among the Valerii of the early Republic. However, most stirpes of the Valerii favoured Publius, Marcus, Manius, and Lucius. Several branches of the family also used Gaius, while the Valerii Faltones employed Quintus, and the Valerii Asiatici of imperial times used Decimus. Other names are seldom found among the Valerii, although in one instance Potitus, an ancient surname of the gens, was revived as a praenomen by the Valerii Messallae during the first century.
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Under both systems, the property of an intestate person went to the deceased's blood relations only: in the first place, to his descendants; failing them, to his ascendants and collaterals. There were several important differences in the manner of devolution. The 1580 Ordinance adopted the schependomsrecht distribution per stirpes, restricting it in the case of collaterals to the fourth degree inclusive. Finally, the 1599 Placaat compromised between the two systems with respect to distribution, and gave one half of the estate to the surviving parent, and the other half to the descendants of the deceased parent.
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The chief praenomina of the Papirii during the Republic were Lucius, Marcus, Gaius, Manius, and Spurius. The first three were the most common of all Roman names, while Manius and Spurius were much more distinctive. The only other praenomina found among the patrician Papirii are Tiberius, and perhaps Sextus or Publius, known from individual instances, but only Publius is known from the other members of the gens. The plebeian Papirii Carbones used primarily Gaius and Gnaeus; this last was a common name not found among the ancient patrician stirpes, but which was still used by the Papirii of imperial times.
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Asina was a member of the patrician gens Cornelia, one of the leading gentes throughout the Republic. Members of the gens had held 29 consulships before him. The Scipiones were one the stirpes of the Cornelii that emerged during the fourth century, and by Asina's time it had become very influential. All his known relatives were consul in the third century: Asina's father Gnaeus Scipio Asina in 260 and 254, his grandfather Scipio Barbatus in 298, his uncle Lucius Scipio in 259, and his cousins Publius Scipio in 218 and Gnaeus Scipio Calvus in 222, the year before Asina's own consulship.
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The cognomen Lepidus belongs to a class of surnames derived from the habits of the habits of the bearer, and evidently referred to someone with a pleasant demeanor.Chase, pp. 110, 111. The Aemilii Lepidi appear only a generation after the Aemilii Paulli, beginning with Marcus Aemilius Lepidus, consul in 285 BC, and produced many illustrious statesmen down to the first century AD. In the final decades of the Republic, they revived a number of names originally belonging to older stirpes of the Aemilian gens, including Mamercus as a praenomen, Regillus as a cognomen, and Paullus as both.
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The name was later effectively published in the first volume of Palau's Parte Práctica de Botánica in 1784. Unofficial importations from Spanish America seldom fared well: when another French botanist Joseph Dombey landed his collections at Cadiz in 1785, the plants were impounded and left to rot in warehouses, while Dombey was refused permission even to have seeds planted. Among the bare handful of plants Dombey had assembled during eight years at Lima, lemon verbena survived. Gómez Ortega sent seeds and specimens of the plant to Charles Louis L'Héritier de Brutelle in Paris; L'Héritier published it as Verbena triphylla in his Stirpes Novae, published in December 1785 or January 1786.
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Although originally a personal name, the cognomen frequently became hereditary, especially in large families, or gentes, in which they served to identify distinct branches, known as stirpes. Some Romans had more than one cognomen, and in aristocratic families it was not unheard of for individuals to have as many as three, of which some might be hereditary and some personal. These surnames were initially characteristic of patrician families, but over time cognomina were also acquired by the plebeians. However, a number of distinguished plebeian gentes, such as the Antonii and the Marii, were never divided into different branches, and in these families cognomina were the exception rather than the rule.
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It is important to note that the interest passes to one or other of the beneficiaries mentioned, not to both of them; it is, as noted above, a case of transfer in the alternative. A direct substitution will not be implied unless it is clear, as a matter of ‘necessary implication’, that the testator so intended in respect of an event actually contemplated by the testator. But a form of implied direct substitution has been created by statute: Whenever a testator's predeceased descendant would have taken any benefit under the testator's will, had he survived the testator, the descendants of that descendant are entitled to take that benefit per stirpes, unless the will's terms indicate a contrary intention.
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His ancestors had borne the same name for at least four generations. Although the Octavii were an old and distinguished plebeian family, the gens was not divided into stirpes and had no hereditary cognomina; Octavius' father had put down a slave revolt at Thurii and was sometimes given the surname Thurinus (a cognomen ex virtute), but this name was not passed down to the son. At the age of eighteen in 44 BC, Octavius was nominated magister equitum by his granduncle, Gaius Julius Caesar, who held the office of dictator. On the Ides of March, Caesar was assassinated, without legitimate children; but in his will he adopted his nephew, who then became , "Gaius Julius Caesar Octavianus, son of Gaius".
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182x182px There were three main stirpes of the Aurelii in republican times, distinguished by the cognomina Cotta (also spelled Cota), Orestes, and Scaurus. Cotta and Scaurus appear on coins, together with a fourth surname, Rufus, which does not occur among the ancient writers. A few personal cognomina are also found, including Pecuniola, apparently referring to the poverty of one of the Aurelii during the First Punic War. Cotta, the surname of the oldest and most illustrious branch of the Aurelii under the Republic, probably refers to a cowlick, or unruly shock of hair; but its derivation is uncertain, and an alternative explanation might be that it derives from a dialectical form of cocta, literally "cooked", or in this case "sunburnt".
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In late 1600, however, all of his property was confiscated and he was banished from Huamanga, an event that led to his travels throughout the country and most likely to the composition of his masterpiece. Based on a published work, in 1967, by archaeologist Edward P. Lanning, "Peru before the Incas", one of the first references to an organized culture around the Huaman Culture, was between 1000–1476 CE, known as the "Late Intermediate", before the Inca Empire expanded, forming alliances with the most powerful empires. The Huaman Family, per stirpes, belonged to the wealthy among the Inca Empire, before and after. As it used to be common, the marriages among the ruling families took place, to remain in control and current.
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The Safinii of imperial times used a wide variety of personal cognomina, but a number of this gens bore the surname Rufus, or its diminutive, Rufinus, originally given to someone with red hair. At least some of these probably constituted a distinct family of the Safinii. Other surnames that might have represented stirpes of the Safinii include Sabellio, belonging to a class of surnames derived from the names of peoples and places, undoubtedly alluding to the Sabellic origin of the gens, and the meaning of its nomen gentilicium; and perhaps Primus, together with its diminutive, Primilla, a name usually signifying the eldest son in a family, although this name might have belonged to otherwise unrelated Safinii, as at least some bearing this name appear to have been freedmen.Chase, pp.
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The genus was named in 1753 by Carl Linnaeus to honour John Stuart, 3rd Earl of Bute. Owing to a transcription error, Linnaeus was given the name as 'Stewart', and consequently spelled the name "Stewartia" (and continued to do so in all his subsequent publications). Some botanists and horticulturists, mainly in the pastL'Héritier de Brutelle, C. L. (1785). Stirpes Novae aut Minus Cognitae (cited by W. J. Bean 1980).Siebold, P. F. von, & Zuccarini, J. G. (1835). Flora Japonica 1: 181, t.96. Facsimile.Dippel, L. (1889). Handbuch der Laubholzkunde. Darmstadt. Facsimile. but still widely in the UK have interpreted Article 60 of the International Code of Botanical Nomenclature to consider "Stewartia" an orthographical error to be corrected to Stuartia, but this type of correction has been discouraged by changes to the code in recent times. During the 19th century, the spelling Stuartia was "almost universally" used.
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The first of the Cornelii to appear in history bore the surname Maluginensis. This family seems to have divided into two stirpes in the 430s, the senior line retaining Maluginensis, while the younger branches assumed Cossus. From their filiations, the first of the Cornelii Cossi would seem to have been younger sons of Marcus Cornelius Maluginensis, a member of the Second Decemvirate in 450 BC. Both families produced a number of consuls and consular tribunes during the fourth and fifth centuries BC. The Maluginenses disappeared before the period of the Samnite Wars, although the Cornelii Scipiones appear to have been descended from this family, while the surname Cossus appears as late as the beginning of the third century; members of the latter family also bore the cognomina Rutilus, "reddish", and Arvina. Cossus itself seems to belong to a class of surnames derived from objects or animals, referring to the larva of certain beetles that burrow under the bark of trees.
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The effect of repudiation is enunciated in the relevant provisions of the Wills Act and the Intestate Succession Act. The former provides as follows: > If any descendants of a testator, excluding a minor or a mentally ill > descendant, who, together with the surviving spouse of the testator, is > entitled to a benefit in terms of a will renounces his right to receive such > benefit, such benefit shall vest in the surviving spouse. > If a descendant of the testator, whether as a member of a class or > otherwise, would have been entitled to a benefit in terms of the provisions > of a will if he had been alive at the time of death of the testator, or had > not been disqualified from inheriting, or had not after the testator’s death > renounced his right to receive such a benefit, the descendants of that > descendant shall, subject to the provisions of subsection (1), per stirpes > be entitled to the benefit, unless the context of the will otherwise > indicates.s 2C(1)-(2).
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