244 Pa. 600 | Pa. | 1914
Opinion by
Orlando S. Johnson died, testate, May 24, 1912, leaving a widow and no issue. He provided that his wife should receive $25,000 a year for life, payable in equal monthly instalments, in lieu of dower and all other rights in his estate; and in this connection he noted the fact that he was carrying a large amount of life insurance (about $30,000), “which will come into her hands upon my death”; he then gave $50,000 in legacies to certain of her relations, but directed that in case she should decline to take under his will or “demand any other or further or different interest whatever” in his estate, these legacies should fail; after a number of personal bequests to friends and relations, the testator left the balance of his estate to found a training school for boys and girls, and appointed the Scranton Trust Company his executor. Mrs. Johnson was sixty-three years old, and was abroad when her husband died; they had lived apart under a mutual understanding and she had only seen him on three or four occasions during the last six years of his life. News of Mr. Johnson’s illness had been cabled to his wife, and upon her arrival in New York, on the morning of June 8,1912, she was met by a
The court below made a number of specific findings, among others, that Mrs. Johnson possessed a normal
The Act of March 29, 1832, P. L. 190, 200, allows a widow twelve months in which to make her election, and provides that, if after that time she is cited by the Orphans’ Court and fails to elect, such “neglect or refusal shall be deemed an acceptance......, of which a record shall be made, which shall be conclusive on all parties concerned.” The Act of April 21, 1911, P. L. 79, provides, “That surviving......wives electing to take under or against the wills of decedents shall, in all cases, manifest their election by a writing signed by them, duly acknowledged by them before an officer authorized by law to take acknowledgments of deeds, and deliver it to the executor or administrator of the estate of such decedent”; further, that no payments shall be made to any widow unless she shall have made her election as required by the act, and that “such, an election, or a certified copy of the final decree of any Orphans’ Court,
After reading the testimony and considering the numerous authorities cited to us, we are not convinced of reversible error; the assignments are overruled and the decree is affirmed, at the cost of the appellant.