Branscombe v. Jenks

The plaintiff, a minor, through his friend, claimed that he was unintentionally omitted from his grandfather’s will, and brought a petition in the Probate Court to establish his intestate share of the estate under the provisions of G. L. c. 191, § 20. That statute, as amended by St. 1969, c. 479, § 2, provides in pertinent part that "[i]f a testator omits to provide in his will for any of his children, whether born before or after the testator’s death, or for the issue of a deceased child, they shall take the same share of his estate which they would have taken if he had died intestate ...…