Smith v. Crook

Opinion

RACANELLI, P. J.

The sole question on this appeal is whether the decedent’s natural grandchildren are entitled to share in the estate as pretermitted heirs. For the reasons which follow, we conclude that they are and accordingly reverse the judgment.

Facts

Genevieve Rufran died testate on December 11, 1974, bequeathing her residuary estate to her three surviving children, .respondents herein. The will was duly admitted to probate, and the estate was distributed to the respondents under the terms of the will. Appellants, the surviving children of June R. Smith who predeceased her mother…