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per stirpes

1680s, Latin, "by families, by stocks;" in legal use, for inheritances, etc., opposed to per capita. See per- + stirpes.

[A]pplied to succession when divided so as to give the representatives belonging to one branch the share only that their head or ancestor would have taken had he survived. Thus, in a gift to A and the children of B, if they are to take per capita, each child will have a share equal to that of A; but if they are to take per stirpes, A will take one half and the other half will be divided among the children of B. [Century Dictionary]

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