Azcunce v. Estate Of Azcunce

585 So. 2d 1216 (1991)

Facts

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.