§560:2-106 - Representation.

§560:2-106 Representation. (a)
Definitions. In this section:

"Deceased descendant", "deceased
parent", or "deceased grandparent" means a descendant, parent,
or grandparent who either predeceased the decedent or is deemed to have
predeceased the decedent under section 560:2-104.

"Surviving descendant" means a
descendant who neither predeceased the decedent nor is deemed to have
predeceased the decedent under section 560:2-104.

(b) Decedent's descendants. If, under section
560:2-103(1), a decedent's intestate estate or a part thereof passes "by
representation" to the decedent's descendants, the estate or part thereof
is divided into as many equal shares as there are:

(1) Surviving descendants in the generation nearest
to the decedent which contains one or more surviving descendants; and

(2) Deceased descendants in the same generation who
left surviving descendants, if any.

Each surviving descendant in the nearest generation
is allocated one share. The remaining shares, if any, are combined and then
divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who were allocated a share and
their surviving descendants had predeceased the decedent.

(c) Descendants of parents or grandparents. If,
under section 560:2-103(3) or (4), a decedent's intestate estate or a part
thereof passes "by representation" to the descendants of the
decedent's deceased parents or either of them or to the descendants of the
decedent's deceased paternal or maternal grandparents or either of them, the
estate or part thereof is divided into as many equal shares as there are:

(1) Surviving descendants in the generation nearest
the deceased parents or either of them, or the deceased grandparents or either
of them, that contains one or more surviving descendants; and

(2) Deceased descendants in the same generation who
left surviving descendants, if any.