Appellate Division of the Supreme Court of the State of New York October 8, 1909 (Obecny v. Goetz)

Gaynor, J.:

The plaintiff has no case unless section 49 of what was called the statute of wills, which lets in children born after the making of a parent’s will, applies to the will of her mother, who made her will in 1860 and died in 1876. The plaintiff, and two other children, were born after the will was made.