White's Estate

Citations

• 23 Pa. Super. 552
• 1903 Pa. Super. LEXIS 114

Syllabus

<p>Decedent's estates — Widow's election — Auditor's findings of fact.</p> <p>An auditor’s findings of fact that a widow had made no express election to take under her husband’s will not be reversed by the appellate court where the finding is based on suificient evidence, confirmed by the court below, and is not the result of any manifest error.</p> <p>Decedent's estates — Widow's election — Will—Election in pais.</p> <p>In order that the acts of the widow shall be regarded as equivalent to an election to take under the will, it is essential that she act with a full knowledge of all the circumstances and of her rights, and it must appear that by her acts she intended to elect to take the provision which the will gave her. These acts must be plain and unequivocal, and be done with a full knowledge of her rights and the condition of the estate.</p> <p>Testator gave to his wife her living upon his farm and sufficient clothing. He gave his farm to his son, who was made executor. The widow lived on the farm with the son two years. The son gave her no clothing. He paid some of the decedent’s debts and two small legacies. There was no satisfactory evidence that the widow knew of these payments. After the expiration of two years from decedent’s death, the widow cited the son to file an account. When the account was filed the widow excepted to it, and an auditor was appointed to take testimony and pass upon the exceptions. He sustained some of the exceptions. The auditor also found as a fact that there had been no express or implied election by the widow to take under the will of her husband. The widow having shown a prima facie right to demand an account, and the question of election in pais to take under the will being left in doubt by the proofs, the court concluded that that question ought to be left open for determination upon distribution, or other appropriate proceedings for the adjudication of the widows rights and upon the proofs there presented, and confirmed the r