In Re O'Connor
Supreme Court of Rhode Island
Bill in Equity for the construction of a will. Heard on bill and agreed statement of facts.
1Opinion of the CourtStiness, J.
G-en. Laws, cap. 203, § 22, provides that when a testator omits to provide in his will for any of his children or for the issue of a deceased child, they shall take the same share of his estate that they would have been entitled to if he had died intestate, unless it appears that the omission was intentional and not occasioned by accident or mistake.
The case stated raises the question whether such intention must appear in the will, or whether it may be shown by extraneous evidence.
The provision appears for the first time in our statutes in the section above mentioned, and it was evidently…
2Cases cited1 opinion
- Hurley v. O'SullivanMassachusetts Supreme Judicial Court · 1884
3Cited by4 opinions
- In re Estate of WoolleySupreme Court of Vermont · 1922
- Barber v. VoseSupreme Court of Rhode Island · 1996
- Grieco v. LangloisSupreme Court of Rhode Island · 1968
- In Re Dugan's EstateSupreme Court of Vermont · 1937