Ray's Estate

Opinion by

Mr. Justice Maxey,

This is an appeal from an order of the court below dismissing exceptions to an auditor’s report striking off a widow’s election to take against the will of her husband, W. S. Ray, who died leaving an estate of $127,-732.79. There were four exceptions. The first three were not pressed, and the fourth relates to the basic question in the case. It excepts to this finding of fact: “The ‘Separation Agreement’ was in no manner dependent upon the continuance of the separation.” The separation agreement referred to was entered into by the husband and wife on the 29th day…