In re the Estate of Salamy

Foley, S.

The general guardian of the alleged infant son of the decedent moves to open the decree admitting the will to probate. The petition for probate stated that the decedent “ left him surviving no child or children.” The will was executed June 30, 1920, and it is claimed that the infant was born on the 28th day of December, 1920. The decedent died April 22, 1921. If the infant was a legitimate child of the testator, the petition for probate contains a false suggestion of a material fact. Section 26 of the Decedent Estate Law provides: “ Whenever a testator shall have a child born after…