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Abstract

The testator devised $5,000 to "the children of my deceased sister B, to be divided equally among those living at my death, including the child or children of a deceased child by right of representation." B had one child who predeceased the testator, leaving two illegitimate children, the complainants. Held, the illegitimates can take, providing they can show that the testator knew that they were the only surviving offspring, at the time the will was made. In re Kauffer's will, (Wis. 1931) 234 N.W. 502.

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