In a message dated 1/29/04 8:46:00 AM Pacific Standard Time,
[log in to unmask] writes:
Well, in this case, the younger children, could legally get shafted.
The will stands so that the older children get to divide up the first
150 acres between them as the will states.  The remaining 150 acres are
divided according the rules of intestacy so that the 150 acres is
divided equally amongst the 6 children.  However, one of those younger
children might challenge that will and if they are successful, the will
would be declared invalid and ignored and the laws of intestacy would
apply so that all 6 children share equally in the division of 300 acres.
In a case I am familiar with, that of Francis Spencer, the following
occurred. Francis wrote a will in about 1716 leaving all his property to his guardian,
Daniel McCarty. This will was presented for probate when Francis died in 1720
in Westmoreland Co. However between the date he signed his will and the date
of his death he married and had a son, William Spencer. In this case the
mother, who as a widow had standing before the court petition to have the will set
aside. This was done and son William inherited his father's estate. However
the will is still of record in Westmoreland County. The challenge is recorded in
the court minute/order books.

Margaret R. Amundson, CGsm is a service mark of the Board for Certification
of Genealogists, used under license by Board-certified associates after
periodic proficiency evaluations.

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