Posey v. Posey

The plaintiff/widow, Mittie Marie Posey, appeals from what she calls a denial of her family allowance claim. The family allowance provision of the Probate Code, Ala. Code 1975, §43-8-112, provides inter alia, "a reasonable allowance" from a decedent's estate for the decedent's "surviving spouse . . . whom the decedent was obligated to support . . . for [the spouse's] maintenance during the period of administration."

The pertinent facts of this case are undisputed.

Posey and her husband separated many months before his death. The husband's heirs are Posey, two surviving children from a previous…