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· 1/28/1889

Appeal of Lee

Citations

  • 124 Pa. 74
  • 16 A. 514
  • 1889 Pa. LEXIS 1006

Syllabus

<p>1. In the distribution of the estate of a deceased wife, if the husband elect to take against the will of the wife, he may take but the one third of her entire estate, if she leave children, and the one half, if she leave no children.</p> <p>2. Wherefore, if but a portion df the wife’s estate be disposed of by her will and she leave no children, the husband may not have the whole of the undisposed of portion, as of an intestacy, and the one half of that disposed of by the will in addition.</p> <p>B. Section 9, act of April 11, 1848, P. L. 536, and § 1, act of May 4, 1855, P. L. 430, construed.</p>

Judges: Clark, Gcjeiam, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

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