Buckley Estate

Opinion by

Mr. Justice Allen M. Stearne,

Thomas Joseph Buckley, surviving husband of the decedent, elected to take against her will. Those inter ested in the estate contended, and the orphans’ court found as a fact, that the husband' had, for one year and upwards previous to the death of his wife, wilfully neglected or refused to provide for her, and for that period wilfully and maliciously deserted her. The rights, of the husband, in such circumstances, are barred by the Intestate Act of June 7-, 1917, P. L. 429, section 5, 20 PS section 41. Our sole inquiry therefore is whether the court…