Estate of Todd

TRAYNOR, J., Concurring.

I concur.

Decedent, Rush Todd, disposed of his estate by will as follows: “I hereby give, devise and bequeath all of my estate, . . . equally, share and share alike, to my said wife Inez Todd, and my said son, Addison Todd, or to the survivor of them.” In 1931, more than six years after the making of this will, Ridgeway Todd, son of Addison Todd and grandson of the testator, was born. No provision was made for him in the will. Addison Todd died in 1935 leaving his father and his son surviving him. Rush Todd, the testator, died in 1936. The decree of distribution gave…