Ward's Estate

Bok, J.,

In order of events, the testator died, then the remainderman died, and finally the widow, who was the life tenant, elected to take against the will.

The widow claims the whole estate on the theory that the remainderman’s death prior to her election results in a dry trust of the entire residue for her benefit. This contention is denied by her own action in electing to take against the will, which relegates her exclusively to such rights as she may have under the intestate laws: Wyllner’s Estate, 65 Pa. Superior Ct. 396. Under them she is entitled to one half of the residuary estate,…