Beck's Estate

Citations

• 265 Pa. 51
• 108 A. 261
• 1919 Pa. LEXIS 494

Syllabus

<p>Wills — Widow’s election — Act of April 21, 1911, P. L. 79 — Estoppel — Delay.</p> <p>1. Where a widow files with the register of wills an election to take under her husband’s will, but does not acknowledge it or serve it upon the executor, she is not estopped thereby from subsequently executing and acknowledging an election to take against the will, addressed to and given to the executor with a request that it be duly recorded as required by the Act of April 21, 1911, P. L. 79.</p> <p>2. In such a case the widow does not lose her right to take against the will by a delay of fifteen months in making her election; nor can the executor claim an estoppel against her election, because he paid certain monthly sums to her for the support of herself and children, no rights of third parties having intervened. Such moneys can be accounted for on settlement of the estate.</p>