Surman v. Surman

But one question is presented under the facts detailed. Did the adoption of the child revoke a will made prior to its adoption? Section 10561, General Code, provides:

“If the testator had no children at the time of executing his will, but afterward has a child living, or born alive after his death, such will shall be revoked, unless provision has been made for such child by some settlement, or he is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision.”

No provision was made for the adopted child in the will or by settlement, nor was his…