James Horne’s will provides that his estate is to be distributed to his heirs per capita. Upon his death, two of his three children are surviving and his deceased child left two children (James’s grandchildren). His will provides that all his Chapter 52 Decedents’ Estates and Trusts 1255 property is to be distributed per capita to these children and grandchildren.

How will the property be distributed? How would it be distributed if he had provided for a per stirpes distribution?

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