Fellabaum v. Alvarez

Opinion by

Reno, J.,

Appellant filed a bill in equity to compel the conveyance to her of an undivided one-third interest in certain real estate which her deceased husband, Harry Fellabaum, had conveyed to appellees without her joinder. The bill was dimissed on the ground that appellant had forfeited her right in the decedent’s real estate by her wilful and malicious desertion for one year and more prior to his death.

The claim is based upon the Act of June 7,1917, P. L. 429, §3, 20 PS §31, which provides: “The shares of the estate directed by this act to be allotted to the widow shall be in lieu…