Dalsen's Estate

Opinion by

Mr. Justice Kephart,

Testator’s wife was weak minded at the time of his death and the court of common pleas appointed a guardian to take care of her estate. Testator died February 2, 1930, and the court having jurisdiction of the guardian authorized it on behalf of the widow to take against testator’s will. Part of his estate consisted of realty.

On October 7, 1930, the guardian executed and acknowledged a formal election to take against the will. This election was recorded in the office of the recorder of deeds of Philadelphia County, where the will was probated. It was properly…