Cunningham v. Dunn

POFFENBARGER, JUDGE :

The correctness of the decree complained of depepds upon 'the construction of sec. 16, of ch. 77, of the Code, reading as 'follows: “If any person die leaving a child, or his wife en-ciente of a child, which shall be born alive, and leaving a ■will made when such person had no children living, wherein any child he might have is not provided for or mentioned, such will, except so far as it provides for the payment of the debts of the testator, shall be construed as if the devise, ¡and bequests therein had been limited to take effect, in the event that the child shall die…