In re the Probate of the Will of Smith

Boylan, S.

In this probate proceeding, the Special Guardian has submitted a report setting forth that his ward is entitled to her intestate share as an after-born child. The executrix contends that the testator made a “settlement ” for all of his children including the after-born child.

*452Charles W; Smith died on January 10,1955, leaving a last will and testament dated May 20, 1941, by Avhich he left his entire estate to his widoiv, Frances M. Smith. Decedent was survived by his said Avife and five children, one of whom, Nancy Margaret Smith, was born on February 27,1945, approximately four years…