Flynn v. Parker

Citations

• 256 Pa. 186
• 100 A. 741
• 1917 Pa. LEXIS 585

Syllabus

<p>Equity — Partition—Wills—Husband and wife — Tenants by en~ tireiies — Widow’s election — Estoppel.</p> <p>A husband and wife held title to certain real estate as tenants by entireties. The husband died leaving a will wherein he made his wife tenant for life of certain of the real estate with remainder to his daughter. The wife acquiesced in the provisions of the will for five years and thereafter died intestate. It appeared that at the time when the wife acquiesced in the provisions of the will she was ignorant of her rights to the entire real estate; that she was a paralytic and could not have informed herself. Upon her death, a son claiming that the will did not affect the rights of the wife in the estate which she and her husband held as tenants by the entireties, brought suit in equity.for partition of such real estate and claimed a child’s share therein. Held, the court properly awarded the relief prayed for.</p>