Cochems v. Cochems

DRAPEAU, J.

Annie Cochems died testate on August 28, 1950, leaving six children surviving her. One son, Paul Leopold Cochems, predeceased her.

[635]

By her last will duly admitted to probate herein, she bequeathed her estate to the six surviving children, naming them. No mention was made of her predeceased son, nor of his three living children: Paul Charles Cochems, Mary Martha Cochems and Josephine Crosier.

These three grandchildren of testatrix filed their petition to determine heirship claiming one-seventh of the estate as pretermitted heirs under section 90, Probate Code, to wit: “When a testator omits to provide in his will for any of his children, or for the issue of any deceased child . . . and such child or issue are unprovided for by any settlement, and have not had an equal proportion of the testator’s property bestowed on them by way of advancement, unless it appears from the will that such omission was intentional, such child or such issue succeeds to the same share in the estate of the testator as if he had died intestate.”

The eoexecutors of the last will of decedent filed their objections. Upon hearing, the trial court found that testatrix intentionally omitted to provide for petitioners. And that she made a conditional provision in the sum of $1.00 to each of them under the following clause of her will:

“I hereby generally and specifically disinherit each, any and all persons whomsoever claiming to be or who may be lawfully determined to be my heirs at law, except as otherwise mentioned in this Will, and if any such persons or such heirs, or any devisees under this Will, or their successors in interest, or any other person who, if I died intestate, would be entitled or shall lawfully or indirectly, singly or in conjunction with other persons, seek to establish or assert any claims to my estate or any part thereof, excepting under this Will, or attack (sic.), oppose or seek to set aside the probate of this Will, or to impair, invalidate or set aside its provisions, or to have the same or any part thereof, or any devise or devises, or trust herein limited, declared void or diminished, or to defeat or change any part of the testamentary plan of this Will, or settle or compromise directly or indirectly either in or out of court, with any contestants of this Will, or shall consent to, acquiesce in or fail to contest such proceedings, or shall endeavor to secure or take any part of my estate in any manner other than through or under this Will, then in any or all of the above mentioned eases and events, I hereby give and bequeath to such persons or person the sum of One Dollar ($1.00) and no more, in lieu of any other share or interest in my estate and all the rest of the interest, share or