264 Pa. 140 | Pa. | 1919
Opinion by
Isaac Carrell, a resident of Bucks County, died July 1, 1918, testate, leaving to survive him a widow, this appellant, but no issue, his nearest of kin in the line of inheritance being nephews and nieces. By his will duly proved, after directing the payment of his just debts, he made the following disposition of his estate, “I give and bequeath to my beloved wife, Maria Carrell, the Interest in my Estate that the Intestate Laws of the State of Pennsylvania directs.” This item then follows: “I give and bequeath to my nephews and nieces their interest in my estate, share and share alike.” He appointed the widow executrix of the will giving to her full power and authority to make sale of his real estate. In due time the widow filed her election to take under the will, and thereupon she presented her petition to the orphans’ court setting forth that as widow of the said decedent she claimed the benefit of the Act of Assembly of June 7,1917, which gives to the widow of an intestate $5,000 of real and personal property of decedent’s estate in addition to her $300 exemption, and that she had designated certain real and personal estate which she demanded should be set apart to her of the value of $5,000. The petition prayed that the court appoint two appraisers to set apart the real and personal property she had elected to take to the value of $5,000 in accordance with the provisions of the act. The learned judge of the orphans’ court dismissed the petition holding that the facts as set forth did not bring the case within the class to which Section 2 of the Act of the 7th of June, 1917, P. L. 429, 431, referred. The appeal is from this order and decree.
The act in question is entitled, “An Act relating to the descent and distribution of the real and personal property of persons dying intestate, and providing for the recording and registering of the decrees of the orphans’ court in connection therewith, and the fees therefor.” Section 2 of the Act as amended by Act of 11th July,