Section 245 Of Chapter 2. Distribution Under A Will, Trust, Or Other Instrument From California Probate Code >> Division 2. >> Part 6. >> Chapter 2.
245
. (a) Where a will, trust, or other instrument calls for
property to be distributed or taken "in the manner provided in
Section 240 of the Probate Code," or where a will, trust, or other
instrument that expresses no contrary intention provides for issue or
descendants to take without specifying the manner, the property to
be distributed shall be distributed in the manner provided in Section
240.
(b) Use of the following words without more, as applied to issue
or descendants, is not an expression of contrary intention:
(1) "Per capita" when living members of the designated class are
not all of the same generation.
(2) Contradictory wording, such as "per capita and per stirpes" or
"equally and by right of representation."