New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-01
LAW IN AST0R WILL CASE
Expectation of Posthumous Heir
ACCentuates Speculation,
SOON TO FILE DOCUMENT
Vincent and Muriel Must Share
with Newcomer, Even if I'm.
mentioned in It.

A conference among representatives OF
tho Aston estate was held last night at the
Offices in West 18th street. 1t was only enc
Of several that have been held recently.
No statement concerning the will was
made yesterday. II was said by one Of the
lawyers for the estate that nothing woul5
be said concerning the will until after u
has been filed, probably some time nsxt
week
The speculation over It's provisions be-
comes daily moro kesn. The interest Is not
so much in the size OF the estate, which
will not be known anyway for at least
year, when the state transfer tax ap-
praiser has filed MS report, as IN the dis.
tributon OF the property by Colonel Astor
this interest being accentuated By the re-
port that a posthumous heir Is expected
within few months.
Most of the estimates go far and the
tentative distribution of the estate which
have been guessed at, have nearly all been
made without any consideration OF the
probate laws OF the state. which in this
case figure most Importantly.
II can be said authoritatively that tbs
prospective heir must share in the estate
Of its father, even II the child lives only
long enough to give forth one infantile cly
in its young life.
On this point Section IS of the decedeut
estate law says about child born after
tho making OF will:
Whenever testator shall have a child
born after the maKlng Of a last will, either
IN the lifetime or after the death Of sucn
testalor and shall have died leaving sucn
chll0. 90 after born unpro, ided Tor by any
settlement. and neither provided tor In any
way I'm such will, every sucn child shaG
succeed 10 the same portion OF slch
parents real and pers onal estate as would
have descended or been distributed to sucr
child IL such parent had died inteState, ana
shall be entitled 20 recover the same pr
ton from the. devisees and legatees in, pro,
portion to and out OF the parts devised and
bequeathed 10 them by such Will
From the foregoing IT will be seen that
in case Colonel Astor made O will without
provision for the expected heir II will share
I'm his estate equally with Vincent Astor
and Murlel Aston. his children by his first
and divorced wife, Mrs. Ava Willing AstoT,
who must In that contingency share their
estate with the new heir.
Section IS OF the law mentioned above
provides for the contingency OK the testator
making will before marriage. The sec
ton reads:
II after the making OF any will disposine
OF the whole estate Of the testator such
testator shall marry and have issue or
such marriage born either in his lifetim"
or after his death. and the wife or the
issue of such marriage shall be living -
The death of the testator, such VIII sh&u o.
deemed revoked unless provision shall nave
been made for such issue by some settle
rrent or unless such issue shall be provided
for in the will, or in such way mentioned
therein as TO show an intention not 10
make such provision. and no other evidence
10 rebut the presumption Of such revoca
ton shall be received.
Still another provision is made by the
law for the protection Of a child born after
the making Of A will In which II IS no
mentioned. Under this section such chile
may maintain an action against tn'
1egatees under the will 20 recover his shtr"
OF the property and has equal rights ana
remedies with others interested in the e.
rate. from WHOM: such child can demena
either a contribution or ask for part
tIon of the property.