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MATTER OF SORENSEN

205 Misc. 26 (1954)

In the Matter of the Accounting of Gerda K. Sorensen, as Executrix of Thor C. Sorensen, Deceased.

Surrogate's Court, Westchester County.

January 12, 1954.

Attorney(s) appearing for the Case

Wood, Molloy, France & Tully for executrix, petitioner.

Irving B. Kendall, special guardian.

GRIFFITHS, S.

In this executor's accounting proceeding the report of the special guardian presents the question as to whether an after-born child is "unprovided for by any settlement" within the intendment of section 26 of the Decedent Estate Law. It is undisputed that such child is neither provided for nor mentioned in the will.

At the time of the execution of the will on May 14, 1941, the testator had...

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