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IN RE ESTATE OF CUMMINGS

493 Pa. 11 (1981)

425 A.2d 340

In re ESTATE OF John M. CUMMINGS, Deceased. Appeal of John P. CUMMINGS, Margaret Ann Lyons, Catherine P. Strehl, Janet C. Kiefer, Jean Carol Timon and Mary Elizabeth Kelser.

Supreme Court of Pennsylvania.

Decided January 30, 1981.

Attorney(s) appearing for the Case

Charles M. Thorp, III, Thorp, Reed & Armstrong, Pittsburgh, for appellants.

Zeno Fritz, Pittsburgh, for Elizabeth S. Cummings, Surviving Spouse.

John H. Auld, II, Pittsburgh, for Pittsburgh National Bank.

Before O'BRIEN, C.J., ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION

NIX, Justice.

This is an appeal of the residuary legatees under the will of John M. Cummings questioning the dismissal of their petition to vacate the surviving spouse's election to take against the will of decedent. The basic question to be answered is whether the appellee, Elizabeth Cummings, the widow, was barred from electing to take against the will under the terms of an antenuptial agreement which she and the decedent had entered. There is...

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