In re the Estate of Barter

— This is an appeal from a decree of distribution under the will of John Barter, deceased. The findings are as follows: “1. That on the fourth day of June, 1887, the said deceased, John Barter, made, published, and declared his last will and testament in manner following: —

The appellants and contestants claim that, as the grandchildren of the testator, they are two of his heirs at law, and that, not being mentioned or provided for in his will, and nothing being contained in the will which shows such omission to have been intentional as to them, his estate is as if their grandfather had died intestate. Section 1307 of the Civil Code, on which they rely, reads: “ When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died *444 intestate, and succeeds thereto as provided in the preceding section.”

At the time this will was made and published, and provision made for his son Howard Barter, the mother of these contestants was alive, and they were not “the issue of any…