Gehlen v. Gehlen

Citations

• 77 Wash. 17
• 137 P. 312
• 1913 Wash. LEXIS 1888

Syllabus

<p>Wills — Requisites—Pretermitted Children — Naming Children as a Class — Statutes—Construction. A will devising all the testator’s estate to his wife and declaring that he makes no provision for “my children” or “any child which may be hereafter born” for the reason that their mother will deal justly with them, sufficiently “names” the children to prevent intestacy as to them, under Rem. & Bal. Code, § 1326, providing that a testator shall be deemed to have died intestate as to any child or children not named or provided for in his will; since the purpose of the statute is merely to prevent pretermission, and it is sufficiently complied with by naming them as a class, when coupled with words showing that the class included not only children in esse, but children thereafter to be born.</p>