In re Estate of Ross

Citations

• 3 Coffey 500

Syllabus

<p>Wills—Pretermitted Child.—Where a Man Makes a Bequest to his son who, unknown to the testator, is at the time dead, for which reason the legacy lapses, the child of the son is entitled to the same share of the estate as if the testator had died intestate.</p> <p>Decree of Distribution—Right of Omitted Child to Relief.—The superior court in probate has jurisdiction to open a decree of distribution in behalf of a minor child whom the decedent omitted from his will and for whom the decree makes no provision; and want of diligence, in ascertaining his rights, will not be imputed to the child, if he is of tender years.</p> <p>Death—Presumption of from Absence.—The Presumption of Law is, that a person absent and unheard of for seven years is dead.</p>