Carrell's Estate

Citations

• 264 Pa. 140
• 107 A. 664
• 1919 Pa. LEXIS 609

Syllabus

<p>Decedents’ estates — Widows—Exemption—Appraisement — Will —Election to take under will — Gifts in accordance with the intestate law — Conversion into money — Act of June 7, 1917, P. L. 4&9, and July 11,1917, P. L. 755.</p> <p>1. Where a man dies after the passage of the Act of July 11, 1911, P. L. 155, which amended the Act of June 1, 1911, P. L. 429, leaving to survive him a widow and collateral kin, and leaving a will by which he directed his estate to be distributed in accordance with the intestate laws, and by which he directed his executrix, the widow, to convert into money all his real and personal property, and the widow elects to take under the will, the court will refuse the widow’s petition for the appointment of appraisers to set apart real and personal property to the value of $5,000; but the dismissal of the petition will be without prejudice to the right of the widow to enforce her claim by taking credit therefor in the settlement oí her account as executrix, and urging it upon final distribution. •</p> <p>2. Such a case is not one of intestacy, and therefore the acts of June 7, 1917, P. L. 429, and July 11,1917, P. L. 755, hare no application, since they relate solely to the descent and distribution of the real and personal property of persons dying intestate.</p> <p>3. Where, as here, the widow takes in money, no appraisement is necessary.</p>