Estate of Lufkin

SMITH, C.

Appeal from order making allowance to widow "of deceased of forty dollars per month for maintenance pending administration.

The application was contested by the daughters, and the children of a deceased son of a former marriage. The grounds of opposition were: 1. That the widow had separate property sufficient for her maintenance; 2. That there was no property in the estate from which the allowance could be paid; and 3. That under the will of the deceased she was put to her election between her right to family allowance, and the legacy bequeathed her.

The estate consists of a note and…