Plaintiff alleged that she was an adopted daughter of testator, and, by reason thereof, claimed to be a pretermitted heir, under a statute providing that if any person make his last will and die, leaving a child not named or provided for in such will, testator in so far as regards such child shall be deemed to die intestate, and such child shall be entitled to such proportion of the estate of the testator as if he had died intestate. Plaintiff's claim was based on two provisions in the will. In the first, the testator declared that he had had no children, but in the event that any person could prove he was a child of the testator, to that person he gave five dollars. In the second provision testator devised to his adopted daughter certain property; the gift to plaintiff was in her name only and did not mention any relationship between testator and the plaintiff. Plaintiff claimed that the statute required the testator to remember the relationship, and that since testator denied any children, she was a pretermitted heir despite the gift to her. Held, plaintiff was sufficiently provided for in the will to preclude the operation of the statute. Mares v. Martinez, (N.M. 1949) 212 P. (2d) 772.
Nancy J. Ringland S.Ed.,
WILLS-PRETERMITTED HEIR STATUTES-NEED TO STATE PARENT-CHILD RELATIONSHIP IN THE WILL.,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol49/iss1/22