Duquesne Law Review


The rights of the surviving spouse in the estate of his deceased mate are governed by three statutes in Pennsylvania. The first of these is section 2 of the Intestate Act which sets forth the intestate share. Then there is section 11 of the Estates Act which allows a surviving spouse to treat as testamentary certain inter vivos conveyances. Finally, section 8 of the Wills Act provides the right to take against the will. It is the purpose of this paper to examine the latter two sections in light of how the Pennsylvania courts have applied them.

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