Rudolph's Estate

Opinion by

Rhodes, J.,

The estate of appellant’s wife was distributed to her collateral heirs, and the appellant excluded from participation under the Intestate Act of June 7,1917, P. L. 429, §5 (20 PS §41). He has appealed from the dismissal of his exceptions to the schedule of distribution and from the affirmance of the decree of the auditing judge by the court in banc. At the conclusion of the taking of testimony on the exceptions the auditing judge found: “The husband, Gustav, did not support her for several years before her death and therefore cannot be a distributee.”

Katarina Rudolph…