Abigail Irish’s will provided small gifts to the children of Abigail’s only child, Robin Gifford (Gifford), with the bulk of Abigail’s estate going to her brother-in-law, John Dyer, and to her nephews Jesse and Alexander Dyer. Gifford was not included in the will. At the time the will was executed, Gifford had not been heard from for ten years, and Abigail believed he was dead. Abigail told the drafter of the will that she would include Gifford’s name in the will if necessary, but that she wished his share of her estate to go to Gifford’s children. The probate court approved Abigail’s will.