Moore's Estate

Citations

• 50 Pa. Super. 76
• 1912 Pa. Super. LEXIS 9

Syllabus

<p>Decedents’ estates — Husband and wife — Election by husband against wife’s will — Acis of May 4,1855, P. L. 400, and April 1,1909, P. L. 87.</p> <p>1. The Act of April 1, 1909, P. L. 87, giving to a surviving widow $5,000 where her husband dies intestate leaving no issue, applies to a case where the husband actually does make a will, but his surviving widow elects to take against it.</p> <p>2. In construing the Act of May 4, 1855, P. L. 430, which declares that a husband electing to take against the will of his wife may take such share in her estate as she could, so electing to take in his estate, had she survived, the share of the husband is to be ascertained in the light of the law in force at the time of the wife’s death.</p> <p>3. Where a woman died testate after the passage of the Act of April 1,1909, P. L. 87, leaving to survive her a husband and collateral heirs only, and the husband elects to take against her will, he is entitled to take such share in her estate as she could have taken in his estate under similar conditions, by the Act of April 1, 1909, P. L. 87.</p>