In re Mulqueen

Finch, J.:

This is an appeal from a decree of the surrogate construing the will of the decedent. The question involved is whether a child *638born subsequent to the making of the will is entitled to share in the estate of the decedent as though he had died intestate, and there being no question of any settlement herein, this depends upon whether the after-born child was provided for or in any way mentioned in the will of the testator. (Decedent Estate Law, § 26.) That section provides in its pertinent portion as follows:

“ Whenever a testator shall, have a child bom after the making of a last will,…