Per Capita

Per capita (by the number of individuals), opposed to per stirpes (by the number of families); if a man die and leave all his goods 'among my grandsons,' having nine grandsons, one of whom was an only son, and the other eight brethren; then if the division be per stirpes, the only son shall take half the goods as representing one of his grandsire' two children; if the division was to be per capita, he would take a ninth part only as being one of nine grandsons. Whether legatees are to take per stirpes or per capita is often a difficult question of construction; for the authorities, see Theobald on Wills; and see the Administration of Estates Act, 1925, s. 47.