Estate of Martina R. Nixon

Opinion et

Keller, J.,

Martina Nixon died on June 18, 1928. She left a will, dated November 3, 1926, by which she gave her entire estate in trust for her youngest son, payable to him when he became twenty-five years old. She specifically excluded her husband from any share in her estate, alleging that he had deserted her on or about September 17, 1917 and had not supported her since that date. See Shaw’s Est., 54 Pa. Superior Ct. 444, 447.

The husband filed an election to take against the will and claimed his share under the intestate law.

At the hearing before the auditor it was admitted that he…