In re the Accounting of Sorensen

Griffiths, S.

In this executor’s accounting proceeding the .report of the special guardian presents the question as to whether an after-born child is “ unprovided for by any settle*27ment ” within the intendment of section 26 of the Decedent Estate Law. It is undisputed that such child is neither provided for nor mentioned in the will.

At the time of the execution of the will on May 14, 1941, the testator had four children to each of whom he bequeathed the sum of $2,500. The youngest child was born on May 10, 1942, almost a year after the date of the will. The testator died on August 9, 1949.

After…