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BABCOCK ESTATE

378 Pa. 456 (1954)

Babcock Estate.

Supreme Court of Pennsylvania.

June 28, 1954.

Attorney(s) appearing for the Case

William H. Eckert and Fredric L. Clark, with them Carl Cherin and Smith, Buchanan, Ingersoll, Rodewald & Eckert, Grover C. Ladner, Harvey A. Miller, Miller & Miller and Clark, Ladner, Fortenbaugh & Young, for appellants.

Paul Kern Hirsch, with him H. Fred Mercer, C. John Tillman, Harry E. McWhinney and Robert W. McWhinney, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE JONES, June 28, 1954:

This controversy is concerned with the effect of a widow's election against her husband's will upon the quantum of the shares in his residuary estate bequeathed to beneficiaries other than herself. The law in such regard is too well settled to require extended discussion. It is rather the manner in which the learned Court below applied the law, in assumed effectuation of what it apprehended to be the testator's overriding...

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