Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1917-04-23
LEGISLATURE NEWS,
DECEDENTS' LAW
BILLS IN HOUSE
EX-Speaker Alter Makes In
teresting Statement Regard
ing Monumental Acts


The House is scheduled to act
finally this week on the Swartz bill.
which represent the work of tn,
commission to codify the laws o
Pennsylvania relative to decedents
estates. a monumental piece of legis
lation which has attracted wide at
tention.
The commission was composed o
Judges j. M. Gest, Philadelphia. anC
I. ]. Baldridge. Blair. and ex-Speakcl
George +. Alter, Allegheny. will
Samuel d. Matlack. Philadelphia. al
secretary
In a statement regarding the act.
the eN-speaker said to-day:
The main purpose of the drafts re.
ported by the Commission is to ar.
range in convenient and logica
order the statute law relative tC
decedents' estates, and thus to eli.
inmate n great mass of patchwork
winch has grown up since the last
revision. made over eight years ago
Ihe subject is covered in sever
proposed laws. which will take the
place of several hundred acts now
upon the statute books. The com.
mission have been conservative in
recommending changes, and where
practicahle. have adhered to the
FAMILIAR language of the old statutes
Among the changed recommended
are n number of popular interest
one is the adoption of the same rule
or inheritance for both real and
personal estate. in case of intestacy
This would eliminate their share alb.
solutely, the same as in personal
property. The Commissions call at.
tention to the fact that the dis
tinction heretofore made is purely
historical and without any logical
reason.
The reciprocal rights of husband
and wife are made exactly the
same. Where the interstate leaves
surviving spouse and only one
child, the spouse will take one-halt
OF the estate. If there are two OF
more children the spouse will take
one-third. The present special al
lowance of $1,000 to a surviving
widow, where there are no children
is limited to cases of actual in
testacy and a surviving husband
given the same right. A striking
defect of the present law resulting
from the unexpected effect given tc
the act of 1903. is that where a mar
rled woman dies intestate. without
children, and leaves a piece of rea'
estate, worth $4,000. the husband
takes only a life estate in it. but il
she makes will, declaring that heI
husband shall have nothing, ther
he can take that property absolute
ly. The distinction in the inherit
ance of real estate between the
whole and half blood is abolished
the rights of adopted children are
more accurately defined and it is
provided that no murderer shall in
herit from the person he has killed
Many people will be surprised tc
know that the present law per-
mits such inheritance.
Little change is recommended in
the law of wills other than to codi.
fy and arrange it in logical form
One change that would result to cure
an injustice is that gift under a
so-called "spendthrift trust" shall
not longer enable the spendthrift ia
avoid supporting his wife and minor
children.
The proposed "Fiduciaries Act" is
the most Noluminous. The changes
recommended in it are mostly such
as are of special interest to the
practitioner. The time for settling
an estate is reduced from one year
to six months, the widows and
exemption is increased
from $500 to $500. the lien of the
debts has been shortened from two
years to one year, and the powers of
the Orphans Court in the guidance
of trustees, guardians, etc, is eX-
tended and more clearly defined.
The partition law has been con-
revised, though the gen.
eral plan is substantially the same as
The Sheriff's inquisition
is reduced from six to three men,
the provisions for giving notice are
and made uniform and it
is provided that the allotment of
shall be according to
of age without regard to
sex.
The numerous amendments to the
law of sales. known as the Price
Act" have been combined with the
body of the Act, but no fundamental
changes have been made mere.
The powers of the Register of
Wills are somewhat extended and
the practice made more effective.
Appeals from the probate of wills
must be taken within two years
instead of three, de.ays in will con-
tests are guarded against and the
Register is given much needed addi-
tional power to subpoena witnesses.
es.
No changes of serious importance
are made in the jurisdiction or pro-
cedure of the Orphans Court. One
thought of the Commission through
out has been to leave the Court free
to regulate more matters by rule or
special orders instead of attempting
to control all matters by legislative