Mattes v. Mattes

The applicable statute is sec. 238.11, which provides as follows:

“238.11 Provision for child omitted by mistake, etc. When any testator shall omit to provide in his will for any of his children or for the issue of any deceased child, and it shall appear that such omission was not intentional but was made by mistake or accident, such child or the issue of such child shall have the same share in the estate of the testator as if he had died intestate, to be assigned as provided in section 238.10.”.

It is contended that to sustain the claim of the contestant would be to ignore the rule that a…