In Re the Estate of Ray

*206OPINION

By the Court,

MERRILL, J.:

Respondent Robert E. Barringer filed a petition in the proceedings below seeking his share of this estate as pretermitted heir of the decedent. The petition was granted in the lower court and this appeal (from that order and from order denying new trial) has been taken by Carlita Nancy Ray, minor child of the decedent and one of the principal beneficiaries under his last will. Barringer’s rights are asserted under sec. 9919, N.C.L. 1929, which provides: “When any testator shall oniit to provide in his or her will for any of his or her children, or for the issue…