McKemie v. McKemie

Here the widow is the plaintiff seeking in this proceeding to recover the portion of the estate of her deceased husband in the hands of the administratrix to which she is entitled. Hence, the burden of proof is upon the widow to show that she is entitled to have such property set apart as a year’s support out of such estate. On such issue between the widow and the administratrix of such estate, unless the widow introduces evidence showing her right to such property, the administratrix' should prevail, but if, as here, the widow introduces in evidence the return of the appraisers setting aside…