Appellate Division of the Supreme Court of the State of New York March 11, 1908 (Udell v. Stearns)

lead-opinion

Gaynor, J.:

The two after-born children succeeded as heirs, each to an undivided one-fourth of the land of the testator upon- -his death, for it was provided by the Revised Statutes that whenever a testator should have a child born after the making of his will, either during his life or after his death, such child should “succeed” to the same portion of the testator’s real and