Estate of Carr

Citations

• 138 Pa. 352
• 22 A. 18
• 1890 Pa. LEXIS 1287

Syllabus

<p>(á) A testator bequeathed a legacy to the son of his wife by a former marriage, “ upon the condition, however, that my said wife shall accept the provisions of this, my last will, and elect to take thereunder, and not elect to take her share of my estate under the intestate laws of this commonwealth: ”</p> <p>1. The widow having elected not to take under the testator’s will, but under the intestate laws, the legacy bequeathed to her son did not vest, but fell into the residue of the estate: she was at perfect liberty to take under the will or not; no penalty was put upon her for refusing, and as to her the legacy was not in terrorem.</p>