Kersey v. Bailey
Supreme Judicial Court of Maine
Appeal from a decree of the Judge of Probate of Lincoln county, refusing an allowance to the appellant out of the personal estate of Abisha Kersey, late of Aina, in said county, deceased. The facts appear in the opinion of the Court.
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Appeal from a decree of the Judge of Probate of Lincoln county, refusing an allowance to the appellant out of the personal estate of Abisha Kersey, late of Aina, in said county, deceased. The facts appear in the opinion of the Court. Ingalls & Smith, for the appellant, contended that: — To entitle a widow to an allowance from the personal estate of her deceased husband, it is only necessary to show that she is his widow; that there is personal property from which the allowance can be made, and that no provision has been made for her in the will of her husband, or that she has duly waived the…
1Opinion of the Court
The opinion of the Court was- drawn by
Barrows, J.
It is claimed on the part of the appellant, in substance, that a widow, no matter what may have been the position which she has occupied towards her deceased husband, nor whether she has sustained the relation of a wife in fact as well as in law, or not, is entitled to a portion of his personal estate, to be set out by the Judge of Probate, upon her petition for allowance, as matter of legal right, by virtue of § 13, c. 65 of R. tí.
But it has been decided by this Court, under statute provisions substantially the same,.that a widow’s claim for…
2Cited by3 opinions
- In re the Estate of NoahCalifornia Supreme Court · 1887
- Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917