Newlin's Estate

Citations

• 209 Pa. 456
• 58 A. 846
• 1904 Pa. LEXIS 649

Syllabus

<p>Wills—Revocation—After-born child—Act of April 8, 1833, sec. 15, P. L. 249.</p> <p>The Act of April 8, 1833, sec. 15, P. L. 249, relating to the revocation of a will by the subsequent birth of a child, makes no requirement that the child shall be fully or adequately provided for. That is left to the discretion of the parent as in the case of living children. All that it does require is that he shall have the child in mind and shall make clear his intention that the will shall apply to it. Any provision which does that is sufficient and the inquiry whether large or small, equal or unequal, vested or contingent, present or future, is irrelevant and outside the jurisdiction of the courts except so far as it tends to throw light on the question of intention.</p> <p>A gift by will to trustees to pay income to testator’s wife “ during the minority of my child or children, and during the period in which my wife shall remain unmarried after my death, and in further trust, to convey, assign, transfer, set over and pay to the trustees herein named the share of each of my daughters upon reaching the age of twenty-one or upon my wife remarrying, in trust to'keep the shares of my daughters invested,” etc., is a sufficient provision for a daughter born after the date of the will.</p>