Estate of Rittenhouse

OPINION OF THE COURT

MANDERINO, Justice.

This appeal presents the issue of whether the surviving spouse’s share of her deceased husband’s estate is liable for the payment of administration expenses when she elects to take against the will pursuant to the Wills Act of April 24, 1947, P.L. 89, § 8, as amended, 20 P.S. § 180.8, now 20 Pa.C.S.A. § 2508.

The testator, Roy H. Rittenhouse, died in August of 1970. When his will was offered for probate, appellant Emma H. Rittenhouse chose to take against the will under § 2508. Section 2508(b) states:

“The surviving spouse, upon an election to take against…