Wallower's Estate

Lamorelle, P. J.,

One claiming as surviving spouse of an intestate the $5000 preference given by section 2 of the Intestate Act of 1917 must show actual marriage or, in the alternative, such circumstances as in law raise a presumption of marriage: Wandall’s Estate, 29 Dist. R. 1132. Measured by this standard, the Auditing Judge finds that the claimant has not made out his case.

Notwithstanding the able argument of the exceptant, we are not convinced that this ruling should be reversed. Says Mr. Justice Fell, in Fur bush’s Estate, 220 Pa. 166 (at page 167): “Findings of fact will not be reversed…