Ward's Estate

Opinion by

Mr. Justice Frazer,

Helen E. Ward, as the surviving spouse of John B. Ward, who died intestate and without issue, presented to the Orphans’ Court of Delaware County her petition praying for her allowance, under section 2 of the Intestate Act of 1917, of $5,000 out of the estate of decedent. Two heirs at law, brothers of Ward, filed exceptions to the petition, alleging petitioner was not married to Ward and not his lawful wife at the time of his death. The court below, after a hearing, entered a decree granting petitioner’s claim for $5,000 and dismissed the exceptions. The appeal…