75 Pa. Super. 16 | Pa. Super. Ct. | 1920
Opinion by
While other questions were raised below, only one is brought here. It is thus stated by appellant: “Can a surviving husband recover from his son, the devisee and executor of the deceased wife and mother, mesne profits between the death of the wife and the notice of election in the form provided by the Act of April 21, 1911, P. L. 79, to take against the will of the decedent?”
Plaintiff, the surviving husband of Nancy Mann, deceased, brought an action of ejectment and for mesne profits against defendant, their son. Testatrix died July 2, 1915, inter alia devising the premises in suit to defendant. He was also appointed executor and received letters testamentary but filed no account. The will contained no provision for plaintiff. On November 17, 1915, and twice thereafter, plaintiff by writing notified defendant of his election to take his curtesy, but the notices were not executed and acknowledged in accordance with the Act of 1911. On August 14, 1917, he brought this suit and on the day of trial, April 3, 1919, served upon defendant as executor a notice manifesting his election as provided by the statute. The jury rendered a verdict for the plaintiff for the land and for f832 damages. The rental value of the land seems to have been conceded.
The judgment is affirmed.