Hollinger's Estate

Citations

• 259 Pa. 75
• 102 A. 410

Syllabus

<p>Decedents’ estates — Election to tahe against loill — Share of husband — Lapsed legacies.</p> <p>1. Testatrix left no children and all the legacies provided for in her will save one had lapsed by reason of the deaths of the respective legatees prior to that of testatrix. The husband of testatrix elected to take against her will. He was awarded the $5,000 exemption allowed by the act of assembly. The balance for distribution, consisting of personalty, was awarded one-half to appellant and the remainder after deducting the one unlapsed legacy to decedent’s next of kin according to the intestate law. The husband filed exceptions contending that he was entitled to the entire personal estate represented by the lapsed legacies. The auditing judge dismissed the exceptions. Held, no error.</p> <p>Practice, Supreme Court — Assignments of error to exceptions to adjudication — Failure to quote decree.</p> <p>2. Assignments of error to exceptions to adjudication in the Orphans’ Court are not in proper form which quote the exceptions but not the ruling of the court thereon.</p>