Buckland's Estate

Citations

• 239 Pa. 608
• 86 A. 1098
• 1913 Pa. LEXIS 616

Syllabus

<p>Decedents’ estates — Interest of husband electing to take against will — Act of April 1, 1909, P. L. 87 — Appraisement—Confirmation —Final decree — Orphans’ Court — Findings of fact.</p> <p>1. Where a husband has elected to take against his wife’s will, and under the Act of April 1, 1909, P. L. 87, petitions that real estate to the value of $5,000.00 be appraised and set aside to him, and this petition is granted by the court and the appraisement made and confirmed, the title passes to him absolutely, the judgment is final and an immediate appeal therefrom may be .taken.</p> <p>Decedents’ estates — Husband and wife — Election by husband to take against wife’s will — Evidence—Claim of $5,000.00 under Act of April 1, 1909, P. L. 87 — Bight of administrator.</p> <p>2. Where it appears that a husband after the death of his wife made known to the other persons interested in the estate that he was not satisfied with his wife’s will, and negotiations were entered into for a family settlement which, however, had not been finally concluded when the husband died, and it appears further that during his lifetime the husband had executed and acknowledged a written election to take against the will, which however had not been filed in the Orphans’ Court pending the negotiations for a family settlement, there was evidence to warrant the finding of the lower court that he had validly exercised his right of election to take against the will and his estate is entitled to whatever benefit may accrue by virtue thereof. Such finding will not be reversed in the absence of clear error.</p> <p>3. In such case where the husband elected to take against his wife’s will his “rights and interest in said estate in such case under the laws of the State of Pennsylvania,” he may have $5,000.00 set apart to him under the Act of April 1, 1909, P. L. 87, notwithstanding he did not make any specific claim for such amount in his election. After the death of the husband, therefore, his administrator m