Elliot v. Elliot

The husband of the petitioner died on January 17, 1881, testate, but leaving no issue living; and she duly waived the provisions made for her in the will, and claimed such portion of the estate as she would have been entitled to if her husband had died intestate. The respondents are the heirs at law of the testator. The testator left unincumbered real estate, appraised in the inventory at $20,550, and personal estate exceeding by more than $10,000 all his indebtedness.

The petitioner brought her first petition in the Probate Court, asking that real estate of the deceased, to the amount of…