Allen v. Allen
Massachusetts Supreme Judicial Court
Appeal from, a decree of the Probate Court, made October 27, 1873, allowing $800 to Hannah C. Allen, the widow of Henry Allen, upon her petition, dated January 10, 1872, for an allowance out of the estate of her deceased husband.
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Appeal from, a decree of the Probate Court, made October 27, 1873, allowing $800 to Hannah C. Allen, the widow of Henry Allen, upon her petition, dated January 10, 1872, for an allowance out of the estate of her deceased husband. The appellant, an heir at law of Henry Allen, filed the following reasons of appeal : “ 1. Hannah C. Allen, is not in need of said $800, or any other sum, as an allowance from the estate of said Henry Allen, foi necessaries, and is not entitled to the same by law.. 2. It is more than two years since the death of said Henry Allen, and the said Hannah C. is entitled to…
1Opinion of the CourtGray, C. J.
It is well settled in this Commonwealth that the allowance to be made by the Probate Court to a widow out of the estate of her husband is to be limited to what is reasonably necessary for her support for a moderate period after his death. Rev. Sts. c. 65, § 4, and note of commissioners. Gen. Sts. e. 96, § 5. Adams v. Adams, 10 Met. 170. Drew v. Gordon, 13 Allen, 120. But there is nothing to show that this rule was transcended in the present case. There is no evidence as to the time of the filing of the widow’s application, or the cause of the delay of the action of the Probate Court thereon.…
2Cases cited1 opinion
- Mason v. LewisMassachusetts Supreme Judicial Court · 1874
3Cited by16 opinions
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