Mallon's Estate

Citations

• 253 Pa. 29
• 97 A. 1031
• 1916 Pa. LEXIS 777

Syllabus

<p>Decedents’ estates — Election by husband against wife’s will— Acts of May 4,1855, P. L. 480, and Apiil 1,1909, P. L. 87 — Death of husband — Decree confirming election after husband’s death.</p> <p>1. The right of the husband or wife in the estate of the other as against the will of the other, under the Acts of April 1, 1909, P. L. 87, and May 4, 1855, P. L. 430, depends on whether the decedent left issue and is in no wise affected by whether the survivor has issue.</p> <p>2. Where á husband elects to take against his wife’s will and an inventory and appraisement of the real estate is filed, but prior to the final decree confirming such appraisement and setting apart the property, the husband dies, his personal representatives succeed to his rights under such election.</p>