Edgar J. Stachelberg, as Executor of Charles G. Stachelberg, Deceased, Respondent, v. Linda Stachelberg, Individually and as Executrix of Charles G. Stachelberg, Deceased, Appellant, and Charles G. Stachelberg, Respondent, Impleaded with Another

Edgar J. Stachelberg, as Executor of Charles G. Stachelberg, Deceased, Respondent, v. Linda Stachelberg, Individually and as Executrix of Charles G. Stachelberg, Deceased, Appellant, and Charles G. Stachelberg, Respondent, Impleaded with Another. Stachelberg v. Stachelberg, 124 App. Div. 232, affirmed. (Argued May 21, 1908; decided June 9, 1908.) Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 26, 1908, which reversed a judgment of Special Term construing the will of Charles G. Stachelberg, deceased, so as to hold that his posthumous child was specially mentioned in and thereby excluded from any participation in the estate of the deceased. The following questions were certified : “First. Is the infant defendant, Charles G. Stachelberg, on the facts shown by the record, entitled to the same portion of the real and personal estate of Charles G. Stachelberg, deceased, as would have descended or have been distributed to such infant defendant if the said Charles G. Stachelberg, deceased, had died intestate % “ Second. Is said infant defendant entitled to recover the same portion from the devisees and legatees in proportion to and out of the parts devised and bequeathed by the last will and testament of Charles G. Stachelberg, deceased ? ” Charles E. Rushmore for appellant. Louis Marshall and Harold Nathan for plaintiff, respondent. Edwin Blumenstiel for defendant, respondent. [MAJORITY] Judgment affirmed, with costs payable out of the estate; questions certified answered in the affirmative, on opinion below. Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.