Randall v. Dunlap

Citations

• 218 Pa. 210
• 67 A. 208
• 1907 Pa. LEXIS 484

Syllabus

<p>Will — Provision for unborn child — Act of April 8, 1833, sec. 15, P. L. 249.</p> <p>All that the Act of April 8, 1833, sec. 15, P. L. 249, requires relative to the provision for an unborn child, is that the testator 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>Testatrix after having made provision for her children in the last clause of her will declared as follows: “I declare this to be and contain my last will and testament, and that after-born children are herein provided for.” Held, that the provision for after-born children was sufficient.</p>