64.1-70 - Provision for pretermitted children when no child living when will made. - Virginia Statutes

§ 64.1-70. Provision for pretermitted children when no child living when willmade.

If any person die leaving a child, or his wife with child, which shall beborn alive, and leaving a will made when such person had no child living,wherein any child he might have is not provided for or mentioned, such child,or any descendant of his, shall succeed to such portion of the testator'sestate as he would have been entitled to if the testator had died intestate;towards raising which portion the devisees and legatees shall, out of what isdevised and bequeathed to them, contribute ratably, either in kind or inmoney, as a court of equity, in the particular case, may deem most proper.But if any such child, or descendant, die under the age of eighteen years,unmarried, and without issue, his portion of the estate or so much thereof asmay remain unexpended in his support and education, shall revert to theperson or persons to whom it was given by the will.

(Code 1950, § 64-69; 1968, c. 656; 1972, c. 825.)