Lodge's Estate

Opinion by

Mr. Justice Kephart,

Cecelia, widow of Charles C. Lodge, brought a proceeding to compel the issuance of letters of administration in her husband’s estate. The answer set up her wilful and malicious desertion for a period of one year prior to his death, by which act she forfeited any right to administer the estate or to participate in its distribution. The court below dismissed the petition.

Section 6 of the Act of June 7, 1917, P. L. 429, provides, “No wife who shall have, for one year or upwards previous to the death of her husband, wilfully and maliciously deserted her husband,…