Halfmoon v. Moore

(dissenting).

In my opinion, the facts in the authorities cited and relied upon by the majority opinion are so different from the facts of the case now before us as to clearly distinguish such authorities and make their holdings inapplicable here. In addition to the facts set out in the majority opinion, there was a specific devise of certain real property to testatrix’ daughter, Mary Halfmoon (Moore) in addition to naming her as the residuary devisee and legatee.

As the majority opinion states, the cases dealing with pretermitted heirs are numerous; but, surprisingly, they are nearly all cases…