275 Pa. 180 | Pa. | 1922
Here the personal estate of James Morrison, who died January 21, 1920, was before the court below for distribution, on the account of Frank F. Morrison (appellant), executor, who was also a devisee. On February 10, 1920, the widow, Elizabeth Morrison, executed an election to take under her husband’s will, and this was recorded by the executor, in the manner required by subdivision “e” of section 23 of the Wills Act of June 7, 1917, P. L. 403. Mrs. Morrison later changed her mind, and, on February 23, 1920, attempted to file with the executor a second election, refusing to take under the will, which was sent to the attorney for the estate, but was not recorded by him, because Ms client took the position that the first election was binding and could not be thus set aside. On April 2,1920, the widow executed another paper, covering her second election, which her attorney recorded in due form on May 4, 1920/ When the matter came before the court below, the widow presented evidence as to the circumstances attending the first election; whereupon that tribunal disregarded it and accepted her last election, saying, “The question for decision is the validity of the election to take under the will, executed by the widow twelve days after she had heard the will read. If she knew the value of the estate and understood what she would be entitled to receive if she refused to take under the will, she is bound by her election, otherwise she is not. Did the executor, who was acting as a trustee and was bound to the utmost good faith, explain to her what her rights were under the law? The most he claims is that he explained the will to her and that the paper was an election to take
It may be noted there is no allegation in this case that the rights or interests of any other parties, who depended on the record of the first election, have been affected.
The decree is' affirmed at the cost of appellant.