In re the Accounting of Harmetz

McGrath, S.

In this proceeding for the judicial settlement of the account of the executrix, a question has arisen as to whether a child born subsequent to the execution of his father’s will and not mentioned therein is entitled to the protection provided by section 26 of the Decedent Estate Law. This section reads as follows: “ Whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child, so after-born, unprovided for by any settlement, and neither provided for, nor in any way mentioned…