In re the Estate of Davidson

Worswick, A.C.J.

The personal representative of the estate of Beatrice Davidson appeals a summary judgment which determined that Earl Davidson was a pretermitted heir under Beatrice' will, and thus entitled to inherit by intestacy. We reverse, holding that Earl was not a pretermitted heir.

Ethel Barton was Earl's natural mother. Ethel married *887Charles Davidson in 1919; she died in 1924. Charles married Beatrice in 1925. Charles and Beatrice had no natural children; they adopted Earl in 1935. Beatrice executed the challenged will in July 1981 and died about a month later. Earl contested the will…