266 Pa. 558 | Pa. | 1920
This appeal is from the allowance to Alice A. Lawton of statutory interest in the estate of her late husband, Jabez B. Lawton, who died intestate December 30, 1917. The allowance is opposed by several of his children, on the ground that the widow had wilfully and maliciously deserted him. In August, 1902, they agreed, in writing, to live separate and apart, and did so until the husband died. The correct conclusion of the auditor appointed to make distribution was: “It does not appear from a careful consideration of the whole agreement that either had in contemplation the cession of the right of inheritance in the estate of the other. Neither does it appear that either ever released, waived or relinquished his or her rights in the estate of the other. Therefore, Alice A. Lawton, as surviving widow, is entitled to her distributive share under the intestate laws.” Exceptions to the report of the auditor were dismissed by the court below, and its decree is affirmed on the following from its opinion dismissing them: “If we correctly appreciate the ground of opposition to this surviving wife’s claim to a share of her deceased husband’s estate, it is this: When the agreement of separation was executed, the wife’s conduct toward her husband was such that he was, in effect, driven from his home; that she was, therefore, guilty of wilful and malicious desertion and so continued until, the husband died and thus deprived herself of her interest in the estate under section 6 of the Intestate Act of 1917. The answer to this proposition is that there was no testimony submitted to the auditor from which such fact could be found and, even if such finding were present, the agreement most explicitly negatives such fact as the moving cause for its execu
Decree affirmed at appellant’s costs.