2005 Vermont Code - § 557. — Omitted or after-born child, from what part of estate share taken

§ 557. Omitted or after-born child, from what part of estate share taken

When a share of a testator's estate is assigned to a child born after the making of a will, or to a child or the issue of a child omitted in the will, such share shall be taken first from the estate not disposed of by the will, if there is any. If that is not sufficient, so much as is necessary shall be taken from the devisees or legatees in proportion to the value of the estate they respectively receive under the will. If the obvious intention of the testator, as to some specific devise or legacy or other provision in the will, would thereby be defeated, such specific devise, legacy or provision may be exempted from such apportionment and a different apportionment adopted in the discretion of the court.