N.Y. Est. Powers & Trusts Law § 2-1.2

§ 2-1.2 Issue to take per capita, per stirpes or by representation\n (a) Instruments executed prior to September first, nineteen hundred\nninety-two. Whenever a disposition of property is made to "issue", such\nissue, if in equal degree of consanguinity to their common ancestor,\ntake per capita, but if in unequal degree, per stirpes, unless a\ncontrary intention is expressed.\n (b) Instruments executed on or after September first, nineteen hundred\nninety-two. Whenever a disposition of property is made to "issue", such\nissue take by representation as defined in 1-2.16, unless a contrary\nintention is expressed.\n