In re the Judicial Settlement of the Account of Proceedings of Timmerhans

Schulz, S.

The decedent, a widow with one son, executed a last will and testament in which she left all of her property to her son. Subsequently she married and a son was born. No provision was made for the husband and second son by any settlement, nor were they provided for in the will or in such a way mentioned therein as to show an intention not to make such provision. The decedent’s husband and her two sons survived her. It follows that under section 35 of the Decedent Estate Law (as amd. by Laws of 1919, chap. 293) the husband and the second son are entitled to the same rights in and to…