In re the Estate of Land

Wingate, S.

At the time of the execution of her will (July 10, 1923) testatrix had four living children. Subsequently and on February 18, 1926, another child was born. All five of these children survived the testatrix.

It is urged on behalf of the child born after the making of the will that, pursuant to section 26 of the Decedent Estate Law, he is *781entitled to succeed to the same portion of his deceased parent’s estate as would have descended or been distributed to him if such parent had died intestate.

The presently pertinent testamentary provisions are the following:

“ First. I devise and…