Williams v. Williams
Massachusetts Supreme Judicial Court
Appeal by the executors and residuary legatees under the will of Ebenezer Williams, from a decree of the probate court, granting an allowance to his widow, who had accepted, by writing filed in the probate office, the provision made for her in the will in lieu of dower, before the appellants gave bond to pay debts and legacies.
1Opinion of the CourtThomas, J.
The question is as to the authority of the court of probate to make this allowance. This depends upon the St. of 1838, c. 145, the second section of which is thus: “ Surch part of the personal estate of any person deceased, as the judge of probate, having due regard to all the circumstances of the ease, may see fit to allow for necessaries to his widow, for the use of herself and family under her care, if any, and also such provisions and other articles as shall be necessary for the reasonable sustenance of the family of any person deceased for forty days after his death, shall not be deemed…
2Cited by2 opinions
- Godman v. ConverseNebraska Supreme Court · 1894
- Tripp v. Nobles.Supreme Court of North Carolina · 1904