Mahoney's Estate

Boyle, J.,

for the court in banc,

Exceptions are filed to the decree entered August 1, 1945, annulling the election of Ethel K. Mahoney, widow, to take against the will of her deceased husband, John H. Mahoney. Petitioners and all those joining in the petition for annulment are children of decedent. Several questions are raised as follows:

1. (a) Are petitioners for annulment of the widow’s election, who are co-executors and beneficiaries under the will, estopped from so proceeding by reason of their acceptance of delivery from the widow of the executed election and their recording of it in the…