Estate of White

Supreme Court of Pennsylvania
Estate of White, 188 Pa. 633 (Pa. 1898)
41 A. 742; 1898 Pa. LEXIS 660
Dean, Fell, Gbeen, McCollum, Mitchell, Pur

Estate of White

Opinion of the Court

Pur Curiam,

The Act of May 4, 1855, Purd. Dig. 1303, pi. 48, provides that either a wilful neglect or refusal of a husband to support his wife for one year previous to her death or a wilful and malicious desertion of her for the same period, will debar him from any claim to any of her estate, real or personal. The neglect and refusal in this case had continued for very many years, and there was not the least evidence of any intent to support her during the later years of her life. It was also a^genuine case of desertion persisted in for many years. On both grounds the appellant is clearly excluded from any participation in his deceased wife’s estate. The reasons for this conclusion are so well and forcibly expressed in the opinion of the learned court below that it is quite unnecessary to enlarge upon them.

Decree affirmed, and appeal dismissed at the cost of the appellant.

Reference

Full Case Name
Estate of Bridget White, Appeal of Thomas White
Cited By
5 cases
Status
Published
Syllabus
Husband and wife — •Deeedenis' estates — Desertion—Refusal of husband to support wife — Act of May 4, 1855. Under the Act of May 4, 1855, Pardon’s Digest, 1303, pi. 48, where a husband left his wife surreptitiously, refused her request to return to him, sent no money to pay her expense in traveling to him, made no preparation to receive her in his new place of abode, and for twenty-one years prior to her death neglected to contribute to her support, he is not entitled to participate in the distribution of her estate.