the term "per capita"

[summermom]

I live in Ohio. Can someone tell me the correct legal meaning of "per capita"? I use this terminology when I prepare wills (i'm a legal secretary) and I know how we use it but I would like to know the correct legal meaning of it. Thanks

 

[ALawyer]

Ask one of the lawyers in your firm, but "per capita" means if X leaves money to his grandchildren per capita, each grandchild inherits an equal share, while if he left it per stirpes, it would vary based on the number of children each child had -- if child A had 4 kids and B had 1, then the grandchild of B would get 50%, and the A grandkids only 12.5% each. Per capita gives it to them 20% each.