126 Misc. 366 | N.Y. Sup. Ct. | 1926
The ancestor whose property is being partitioned devised it to his children in remainder, “ the issue of any deceased child to have the share that the parent would have had if living." A son died before the vesting of the remainder. He had gone through a marriage ceremony with a woman and lived with her as a wife, and four children are the issue of this union, but during all of this time he was married to a wife, who survives him, and his second attempted marriage was bigamous and illegal. These children claim to be included in the devise as, issue of the son who died; Our statutes have always refused to recognize the relation