Cummings Estate

Opinion by

Eunice Ross, J.,

The residuary legatees under the last will and testament of John M. Cummings, deceased, filed exceptions alleging error in the court’s opinion and decree of November 20, 1979, wherein the court held that decedent failed to fulfill an obligation arising from an antenuptial agreement between decedent and his surviving spouse. Exceptants request that the court vacate the surviving spouse’s election to take against the will.

The facts are undisputed. On November 16, 1974, in anticipation of their forthcoming marriage, John M. Cummings (the decedent) and Elizabeth Shields,…