Shriver Estate

Opinion by

Baldrige, P. J.,

The sole question before us is stated by the appellant as follows: “Is an illegitimate son of an illegitimate son of a deceased male considered issue so as to bar the surviving wife of deceased from taking under Section 2 [a] of the Act of June 7,1917, P. L. 429 (20 PS §11) ?” The court below erred in answering this question in the affirmative.

Jacob L. Shriver executed a last will and testament dated February 10, 1923, wherein he gave his then wife Dora Shriver the use and income of two farms during her life and devised in fee this real estate upon her death to…