Legal Opinion

In Re Gossett's Estate

New Mexico Supreme Court

Decided August 18, 1942No. 4700PublishedCited by 16 opinions

1Opinion of the Court

The question is whether the word child includes in its meaning an illegitimate child, as that word appears in the following statute hereafter referred to as the pretermission statute:

"If any person make his last will and die, leaving a child or children, or descendants of such child or children, in case of their death, not named or provided for in such will, although born after the making of such will, every such testator, so far as shall regard such child or children, or their descendants not provided for, shall be deemed to die intestate; and such child or children, or their descendants,…

2Cases cited11 opinions

  1. Commissioner of Immigration of Port of NY v. GottliebSupreme Court of the United States · 1924
  2. Wadsworth v. BrighamOregon Supreme Court · 1927
  3. Heath v. WhiteSupreme Court of Connecticut · 1824
  4. Smith v. SmithSupreme Court of Kansas · 1919
  5. Hastings v. RathboneSupreme Court of Iowa · 1922

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Estate of LundCalifornia Supreme Court · 1945
  2. Michaels v. Anglo American Auto Auctions, Inc.New Mexico Supreme Court · 1994
  3. Couch v. CouchCourt of Appeals of Tennessee · 1951
  4. Albuquerque Hilton Inn v. HaleyNew Mexico Supreme Court · 1977
  5. Hahn v. SorgenNew Mexico Supreme Court · 1946

11 more not listed; retrieve them via the Exa API.

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