BANKS ESTATE


410 Pa. 122 (1963)

Banks Estate.

Supreme Court of Pennsylvania.

March 19, 1963.


Attorney(s) appearing for the Case

Robert A. Wright, for appellant.

Paul C. VanDyke, with him Cochrane and VanDyke, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 19, 1963:

This appeal raises the question whether, under the factual situation presented, a husband, by wilful and malicious desertion or by wilful neglect or refusal to support, had forfeited his right to elect to take against the will of his deceased wife?

Sometime in 1924 Anna E. Dudley (decedent) and Samuel H. Dudley (Dudley) were married and thereafter lived together at 1207 West Second Street, Chester,...

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