Foster v. Anderson

BLOODWORTH, Justice.

The executrix of the estate of Andrew Shepard, deceased, appeals from a decision of the circuit court of Jefferson County, in equity, allowing the two minor'legitimated *112children of the deceased to share in the estate as pretermitted heirs.

The sole question presented as to us is whether children, legitimated by a testator subsequent to the execution of his will and for whom no provision is made in the will, share in the estate as pretermitted heirs under Title 61, § 10, Code of Alabama 1940.

This precise question was answered negatively by our court in a recent decision…