Estate of Fawcett

We must decide here whether a wife whose action for divorce is pending at the time of her husband’s death is entitled to a family allowance payable out of his estate. Initially we hold that her right to such allowance depends upon her right to support from him at the time of his death. As we shall explain, the mere fact that the parties were separated and divorce proceedings were pending when the husband died, does not of itself foreclose her claim. Additionally we hold that the order pendente lite in the divorce proceedings awarding her temporary support for a limited time but expiring…