TITLE 33
Probate practice and procedure

CHAPTER 33-6
Proof and Construction of Wills

SECTION 33-6-24


   § 33-6-24  Apportionment of share taken by pretermitted child. – When a posthumous child, or a child, or the issue of a child, omitted in the will, takes under the provisions of § 33-6-23 a portion of the estate of a testator, that portion shall be taken equally from all the devisees and legatees in proportion to the value of what they respectively receive under the will, unless in consequence of a specific devise or legacy, or of some other provision of the will, a different apportionment is found necessary in order to give effect to the testator's intention regarding that part of his or her estate which passes by his or her will.