ESTATE OF RITTENHOUSE


466 Pa. 378 (1976)

353 A.2d 404

ESTATE of Roy H. RITTENHOUSE, Deceased. Appeal of Emma M. RITTENHOUSE.

Supreme Court of Pennsylvania.

Decided March 17, 1976.


Attorney(s) appearing for the Case

Malcolm Campbell, Norristown, for appellant.

Francis P. O'Hara, Norristown, for appellees, Jean Clemens and William F. Fox, Executors of Est. of Roy H. Rittenhouse.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

MANDERINO, Justice.

This appeal presents the issue of whether the surviving spouse's share of her deceased husband's estate is liable for the payment of administration expenses when she elects to take against the will pursuant to the Wills Act of April 24, 1947, P.L. 89, § 8, as amended, 20 P.S. § 180.8, now 20 Pa.C.S.A. § 2508.

The testator, Roy H. Rittenhouse, died in August of 1970. When his will was offered...

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