This section contains the nature of the case and procedural background.

Testator executed a will which established a trust in favor of his wife and three children. Neither the will nor a subsequent codicil provided for after-born children. After the will was executed, a fourth child (P) was born. Testator subsequently executed a second codicil which did not mention P, and which did not provide for after-born children. After testator's death, P petitioned for a share of her father's estate as a pretermitted child. The lower court denied the petition, and P appealed.

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Legal analysis from Dean's Law Dictionary will be displayed here.