Broad's Estate

Opinion by

Mr. Justice Schaffer,

A surviving husband seeks to claim against his wife’s will, although he did not file his election so to do until three years and almost eight months after the probate of the will and the grant of letters testamentary thereon, whereas the Wills Act of June 7, 1917, P. L. 403, Sec. 23 (b), as amended by the Act of April 2, 1925, P. L. 117, Sec. 1, and the Act of April 24, 1929, P. L. 648, Sec. 1, 20 P.S. Sec. 262, requires the election to be delivered to the executor within one year after the issuance of letters testamentary.

The orphans’ court held the election…