Pindell v. Pindell

Miller, J., delivered the opinion of the Court. It appears from the record in this case, that Lewis Pin-dell died in the-fall of 1872, leaving the appellant his widow, and also leaving a will to which a caveat was filed on the 5th of October, 1872, before it ivas admitted to probate, and on the 23rd of November, 1872, letters of administration pendente lite were granted to the appellee, the party named as executor in the will. Issues framed on this caveat were subsequently tried in a Court of law, and the jury found all of them in favor of the caveatee. These findings were certified and transmitted to the Orphans’ Court on the 18th of July, 1873, and the will was thereupon admitted to probate, and letters testamentary granted to the appellee on the 24th of that month.

The widow filed her renunciation of the will in the Orphans’ Court on the 12th of June, 1873, and the sole question presented by this appeal-is whether that renunciation was too late, having been made more than six months after grant of the letters of administration pendente lite. By the Act of 1798, ch. 101, sub ch. 13, sec. 2, a widow was allowed to renounce at any time ‘ ‘ within ninety days after ■ the authentication or probate of the will, ’ ’ and by ⁵³⁹ the supplemental Act of 1831, ch. 315, sec. 2, that time was “ extended to the period of six months from the day upon which administration may be first granted on her husband’s estate.” Such was the law on this subject at the time of the adoption of the Code, in which by Article 93, sec. 285, it is provided the renunciation may be made “within six months after