Rourke v. Russell
Supreme Court of Connecticut
Appeal by the plaintiff from an order and decree of the Court of Probate for the district of New Haven making an allowance of $50 per month for the support of the surviving husband of a deceased wife during the settlement of her estate, taken to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered confirming the action of the Court of Probate, and appeal by the plaintiff.
1Opinion of the CourtBeach, J.
The only question in this case is whether the Court of Probate has power to make an allowance to a surviving husband out of the estate of his deceased wife for his support during the settlement of the estate.
The discretion of the Court of Probate in granting allowances is regulated and limited by § 359 of the General Statutes, which authorizes such allowances as the court may.judge necessary “for the support of the widow or family of the deceased during the settlement of the estate.” This phraseology on its face excludes a surviving husband. Expressio unius, ex-clusio alterius.
The history of…
2Cited by5 opinions
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- Charles F. Smithers' Appeal From ProbateConnecticut Superior Court · 1956