IN RE ESTATE OF KIRK


369 Pa.Super. 515 (1988)

535 A.2d 669

In re ESTATE OF Hugh L. KIRK Appeal of Richard KIRK.

Supreme Court of Pennsylvania.

Filed January 8, 1988.


Attorney(s) appearing for the Case

Robert Glessner, York, for appellant.

Frank S. Kelker, Assistant District Attorney, Rochester, for appellee.

Before WIEAND, MONTEMURO and POPOVICH, JJ.


WIEAND, Judge:

The novel issue in this appeal is whether a widow who has elected to "accept and acquiesce" in the provisions of her deceased husband's will and who has released "my share of any marital property and all other claims that I may have upon any of the property disposed of by the Will" is barred from inheriting as an heir when a partial intestacy occurs. The Orphans' Court held that the release was effective only with respect to property passing under the...

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