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" Whenever a testator has a child born after the making of his will, either in his lifetime or after his death, and dies leaving such child unprovided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds... "
Lawyers' Reports Annotated - Page 39
1891
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 pages
...unprovided for by any settle- ceedment, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's...have succeeded to if the testator had died intestate. 2 RS, 65, § 49. § 479. Whenever any real or personal property is devised or bequeathed to a descendant...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of California - 1871 - 894 pages
...unprovided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's...have succeeded to if the testator had died intestate. NYCC, Soo. 574; Stata. 1850, 178, Seo. 16. SEC. 1S06. (§ 17.) When any testator omits to provide children...
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The Civil Code of the State of California, Volume 1

California - 1872 - 728 pages
...for nor in any way mentioned in his will, the child succeeds to the same portion of the testator,s real and personal property that he would have succeeded to if the testator had died intestate. NOTE.— Stats. 1850, p. 178, Sec. 16. See Sec. 739, ante, and ample note on " Posthumous Child." Children...
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The Probate Law and Practice of California: Containing All the Provisions of ...

David Price Belknap - 1873 - 660 pages
...unprovided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's...have succeeded to if the testator had died intestate. (a) NYCC, J 574; statutes of 1850, p. 178, $ 16. See 4 Kent's Com. 249, and cases cited there. Bee,...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1877 - 520 pages
...unprovided for by any settlement, and neither provided for, nor in any way mentioned in his will, the child succeeds to the same portion of the testator's...have succeeded to if the testator had died intestate. SEC. 467. When a testator omits to provide in his will for any of his children, or for the issue of...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1877 - 956 pages
...unprovided for by any settlement, and neither provided for, nor in any way mentioned in his will, the child succeeds to the same portion of the testator's...have succeeded to if the testator had died intestate. SEC. 467. When a testator omits to provide in Ms will for any of his children, or for the issue of...
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The Pacific Reporter, Volume 167

1918 - 1218 pages
...upon 1306 have direct applicability upon tbe question of the meaning of 1307. By 130G the after-born child "succeeds to the same portion of the testator's...succeeded to if the testator had died intestate." By 1307 the omitted child "has the same share in the estate of the testator as if he had died intestate,...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Volume 26

Utah - 1884 - 666 pages
...unprovided for by any settlement, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's...have succeeded to if the testator had died intestate. SEC. 32. When any testator omits to provide in his children or will for any of his children, or for...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 pages
...unprovided for by any settle- ceedment, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's...have succeeded to if the testator had died intestate. § 742. Whenever any real or personal property is dis- Devises posed of by will to a descendant or...
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The American State Reports: Containing the Cases of General Value ..., Volume 22

Abraham Clark Freeman - 1892 - 1020 pages
...of a pretermitted child under these seclions, this court has heretofore held: " In other words, the child succeeds to the same portion of the testator's...succeeded to if the testator had died intestate": Estate of Wardell, 57 Cal. 489. Sections 16 and 17 of the act concerning wills (Hittell's General Laws,...
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