Fidelity Ins., Trust, & S. D. Co.'s Appeal

Citations

• 121 Pa. 1
• 15 A. 484
• 1888 Pa. LEXIS 646

Syllabus

<p>1. Section 15, of the Wills act of April 8, 1833, P. L. 249, providing that “When any person shall make Ms last will and testament and afterwards shall marry . . . . and die leaving a widow..... every such person, so far as shall regal'd the widow,.....shall be deemed and construed to die intestate,” etc., is an enabling act, intended for the benefit of the widow and to be construed liberally in her favor.</p> <p>2. The section being for the benefit of the widow in case of an ante-nuptial will, it does not revoke the provisions of the will as to her, but she is left to accept its benefits or the benefits of the intestate laws at her option, especially in view of the provisions of § 11, act of April 11, 1848, P. L. 537: Edwards’ App., 47 Pa. 144, and Walker v. Hall, 34 Pa. 483, distinguished.</p> <p>3. A testator bequeathed the one half of his residuary estate to Ms betrothed, whom he married five days after the execution of his will. He subsequently died without issue of the marriage: Held, that by the marriage the will had not been revoked as to the widow and that she was entitled to take under the provisions thereof.</p>