Freund v. Kaufer

This case involves the ascertainment of the testator’s intention. There is, of course, no rule of law which prohibits a testator from leaving property to illegiti-mates. The precise question is whether or not a devise to a child or children should be construed as describing illegitimate as well as legitimate children. While there is some conflict on this point, the overwhelming weight of authority is to the effect that “child or children” means prima facie legitimate children. Note 23 L. R. A. p. 754; note 27 Harvard Law Review, p. 691; note 2 A. L. R. p. 972.

In Will of Scholl, 100 Wis. 650,…