Shank Estate

Opinion by

Mk. Justice Eagen,

This appeal is from a decree of the Orphans’ Court of Delaware County dismissing a claim for the family exemption provided for under the Act of April 18, 1949, P. L. 512, §211, 20 PS §320.211, as amended by the Act of February 23, 1956, P. L. 1084, §2.

The pertinent statutory provision is as follows: “The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then sueh children as are members of the same household as the decedent, may retain or claim as an exemption, either real or personal property,…