Davies' Estate

Citations

• 261 Pa. 525
• 104 A. 675
• 1918 Pa. LEXIS 782

Syllabus

<p>Wills — Beneficiaries—Relinquishment of rights during testatrix’s lifetime — Failure of testatrix to modify will — Testatrix’s declaration that such beneficiary should share in estate — Devisee’s right to share.</p> <p>Where a testatrix by will devised all her property equally to her son arid two daughters and thereafter the son executed a paper relinquishing all his right, title and interest in his mother’s estate, but the testatrix made no modification of the will, although she lived for three years thereafter, and, according to the testimony of one of her daughters (testifying against her own interest) testatrix had declared three weeks before her death “do you think I am going to deprive (the son naming him) of the things that are coming to him? Tie has just as much right to the things as you and (the other daughter, the exceptant),” the court properly refused to give effect to the paper signed by the son, and permitted him to share equally with his sisters in the estate.</p>