DiMarco Estate

Dissenting Opinion by

Mr. Justice Roberts:

I believe that the record more than amply supports the opinion and decree of the orphans’ court, and I would affirm.

The majority opinion initially concludes that it cannot find sufficient proof of “actual fraud” to allow the widow, Mrs. DiMarco, to make her election to take against the will after the expiration of the statutory period. At the outset, in my view, it is unsound to give an overly strict reading to the “actual fraud” requirement established in earlier cases. The point is that the court below found the widow had been misled, and in reliance…