In ref the Accounting of Lawyers Trust Co.

McGarey, S.

This proceeding presents a new and confusing problem in estate administration, testamentary and statutory construction.

Testator died on February 8, 1946, leaving a last will and testament dated July 28, 1944, which was duly admitted to pro*1059bate. The will gives one half of his estate to his widow and the remaining one half in equal shares to two brothers, a sister and a nephew. At the time of the execution of his will, testator was married but had no children. A son was born shortly prior to testator’s death who was “ unprovided for by any settlement, and neither provided for, nor in…