Where a testator is known to have treated step-children as part of the family unit, the word 'children' in a will may include step-children, particularly where the testator used the plural and did not limit the gift to the natural child by name. An executor who adopts an adversarial stance on appeal in a will construction dispute, where the only interested beneficiary has filed a submitting appearance, acts unreasonably for the purposes of UCPR r 42.25(2) and may have costs limited to a submitting appearance. Costs of will construction proceedings are testamentary expenses payable from the residue before distribution, not only from the disputed share.
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