In re the Estate of Kaplan

John J. Dillon, S.

This is an independent proceeding to obtain a determination as to the rights of a child who was born subsequent to the execution of testator’s will. The testator died a resident of Westchester County on June 10, 1958 and his will dated November 10, 1949 was duly admitted to probate pursuant to a decree of this court dated June 27, 1958. The testator was survived by his spouse and two infant children, one who was born prior to the execution of the will and the other who was born on January 3,1951. Under the terms of the will, the testator devised and bequeathed his entire…