Biddle Estate

Opinion by

Mr. Justice Allen M. Stearne,

Where a widow, a life tenant under her husband’s will, elects to take thereunder, and legacies to charities fail causing a partial intestacy, is the widow’s estate, upon her decease, entitled to participate in such intestate portion? The court below decided that the widow’s estate so shared. This appeal followed.

John Biddle, the testator, died January 17, 1926, ten days after the execution of his will dated January 7, 1926. He left surviving as his next of kin his widow, Margaret J. Biddle, and his father and mother. His residuary estate was placed in…