In re the Construction of the Will of Kirk

Collins, S.

In this proceeding for construction of decedent’s will the court is asked to determine whether a child born after the making of the will is entitled to an intestate share in the estate pursuant to section 26 of the Decedent Estate Law. The facts have been stipulated. It is conceded that the child is neither provided for nor in any way mentioned in the will. Controversy arises over whether the child was provided for by any settlement dehors the will.

From the stipulation of facts, it appears that some years ago the decedent had taken out four insurance policies on Ms *474life aggregating…