Ebbs v. Smith

This cause is before the epurt on a motion for summary judgment in an action for determination of heir-ship.

*134■The court finds the facts" uneontroverted. Sadie S. Mc-Williams died testate April 2,1978. Her last will and testament, executed December 3,1974, gave her residuary estate “* * * to the children and grandchildren of Mary Muntz. Share and share alike among those living at the time of my death.” David Mathew Ebbs is a grandchild of Mary Muntz. He was a viable unborn child capable of sustaining life outside the mother’s womb at the time of the death of testatrix and was born April 5,…