Babcock Estate

Opinion by

Mr. Justice Jones,

This controversy is concerned with the effect of a widow’s election against her husband’s will upon the quantum of the shares in his residuary estate bequeathed to beneficiaries other than herself. The law in such regard is too well settled to require extended discussion. It is rather the manner in which the learned Court below applied the law, in assumed effectuation of what it apprehended to be the testator’s overriding intent, which these appeals bring here for review.

By Article One of his will, Edward V. Babcock, the decedent, devised and bequeathed to his…