In re the Estate of Barter

Citations

• 86 Cal. 441
• 25 P. 15
• 1890 Cal. LEXIS 1050

Syllabus

<p>Descent and Distribution — Disinheritance of Child — Rights of Grandchildren — Construction of Code.—Where a testator intentionally omits to provide in Ms will for a daughter, who was alive at the making and publishing of the will, and who was disinherited by its terms, the children of such daughter, who were not mentioned in the will, have no rights to the property as heirs, under section 1307 of the Civil Code, and obtain none by their mother’s death, before the death of the testator. That section does not protect any grandchildren from the effects of mere omission from the will, except those who were the issue of a child who was deceased at the time the will was made, and who were then presumptive heirs at law of the testator.</p>