15 N.Y.S. 133 | N.Y. Sur. Ct. | 1891
Section 49 of the Statute of Wills of the state of New York provides, whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child so after born, unprovided for by any settlement, and neither provided fon nor in any way mentioned in such will, every such child shall succeed to the same portion of such parent’s real and personal estate as would have descended or been distributed to such child if such parent had died intestate, and shall be entitled to recover the same portion from the devisees and legatees, in proportion to and out of the parts devised and bequeathed to them by such will. The statutes of the state of Rhode Island, title 24, chap. 182, § 12, provide as follows : “ Whenever any child shall be born after the execution of his father’s or mother’s will without hav
The succession to the personal property of an intestate is governed exclusively by the law of the domicile of the intestate at the time of his death. Code Civil Proc., § 2694; Moultrie v. Hunt, 23 N. Y. 403; Parsons v. Lyman, 20 N. Y. 103; Despard v. Churchill, 53 N. Y. 192. Section 2612 of the Code of Civil Procedure of New York provides as follows: The right to