In Re O'donnell`s Estate

This appeal involves the widow’s allowance in a probate proceeding. J. J. O’Donnell, decedent, was survived by his widow, Anna O’Donnell, two sons, three daughters, and four grandchildren who are the sons of a deceased daughter. All his children were the issue of a prior marriage. Decedent left a will which was admitted to probate in the county court of, Marshall county. On December 19, 1944, the widow petitioned the court for an allowance of $750 to which she claimed she was entitled under the provisions of SDC 35.1303. The allowance was made by the county court on the same day, and the…