Spears v. Spears

McHaney, Justice.

George W. Spears died testate on January 20, 1947. Appellant, a son, is the executor of his father’s estate. Appellee is the widow of George W. Spears and was his third wife. The testator owned real and personal property of substantial value, but in his will he made no provision for appellee to have any part of his estate. They had no children as a result of this marriage, but he had children by both his former wives.

On March 24, 1947, appellee filed separate petitions for her statutory allowance of $300 and $150, as widow under §§ 80 and 86 of Pope’s Digest, the latter…