11.02.190 Kindred Not Mentioned in Will Who Share in Estate

When any testator omits to provide for any of his children or for the issue of any deceased child, unless it appears such omission was intentional, such child, if unprovided for by any settlement, succeeds to the same portion of the estate that he would have succeeded to if the testator had died intestate. Such share must first be taken from the estate not disposed of by will, if any. If that is not sufficient, so much as may be necessary must be taken from all the devisees or legatees, in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific provision of the will would thereby be defeated. In such case, such provision may be exempted from such apportionment and a different apportionment, consistent with the intention of the testator, may be adopted. Such children who have had an equal proportion of the testator's estate bestowed on them in the testator's lifetime, by way of advancement, take nothing by virtue of this section.