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· 7/17/1919

Swartz Estate

Citations

  • 72 Pa. Super. 143
  • 1919 Pa. Super. LEXIS 268

Syllabus

<p>Decedents’ estates — Practice, O. 0. — Election to take against will —Act of April 21, 1911, P. L. 79.</p> <p>An election to take against a will is properly made, and the requirements of the Act of April 21, 1911, P. L. 79, are fulfilled, when the attorney for the surviving husband exhibited to the executor of the decedent, the election to take against the will, notified him of its contents and informed him that he was leaving the said written election with the recorder of deeds for the purpose of being recorded, and when the executor made no objections to such actions.</p> <p>Decedents’ estates — Election to take against a will — Estoppel.</p> <p>One who looks on and makes no objections, and by his silence gives acquiescence to certain acts, cannot afterward take advantage of some irregularity of which his silence impliedly approved.</p>

Judges: Head, Henderson, Keller, Lady, Orlady, Porter, Trexler, Williams

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