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

Testator has three children, two of which survived him. Each of the surviving children had three children. The testator's third child who died before him had two children one of whom survived, and the one who died was survived by two children, testator's grandchildren. Testator hired an attorney in 1984 to draft his will which was executed a short time later. The will specifically mentioned the testator's daughter who died, and explicitly the fact that one son and his grandchildren were disinherited. However, the will did not mention the testator's two great-grandchildren, one being born the day before the will was executed and the other being born two years later. A codicil was attempted, but it was not properly witnessed and would have altered the disinherit provisions. Testator died, and then the testator's great-grandchildren disputed the will as they were pretermitted heirs. The master ruled against them. The probate court ruled against them.

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