Appeal of Kerns

Citations

• 120 Pa. 523
• 14 A. 435
• 1888 Pa. LEXIS 507

Syllabus

<p>1. The right of a widow, under § 5, act of April 14, 1851, P. L. 613, to retain of the real or personal estate of her deceased husband to the value of $300, does not vest at the death of her husband, but only when she has elected to exercise the right.</p> <p>2. A delay for over three years, on the part of a widow, to assert her claim under said act, is fatal to the right and conclusive evidence of her waiver of it.</p> <p>3. What a widow may take under said act she takes in her character as widow, as a provision for the temporary wants of her family; wherefore, if she re-many before making her eleotion her right no longer exists: Burk v. Gleason, 46 Pa. 297, approved; Commonwealth v. Powell, 51 Pa. 438, and Shumate v. MoGarity, 83 Pa. 38, explained.</p> <p>4. When the court below has refused to reconsider and vacate a decree confirming a widow’s appraisement, on the petition of a person interested in the property set apart, this court, on sufficient reason for attacking its validity, has jurisdiction to entertain an appeal and to dispose of the ease on its merits.</p>