Smith v. Howard
Supreme Judicial Court of Maine
Agreed statement. The allowance to the widow is to be determined by the law of the domicile of the husband at the time of his decease; but it does not follow that the allowance must be made, if at all, in the state of his domicile.
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Agreed statement. The allowance to the widow is to be determined by the law of the domicile of the husband at the time of his decease; but it does not follow that the allowance must be made, if at all, in the state of his domicile. Personal estate, must in all cases be distributed according to the law of the domicile of the deceased, yet by express provision of statute in this State, such property of a deceased resident of another State may be distributed here, in accordance with the law of the domicile of the deceased. E. S., c. 65, § 36; Woerner’s American Law, of Ad. § § 39, 167;…
1Opinion of the CourtWhitehouse, J.
This is an appeal from the decree of a judge of probate, allowing the account filed by the defendant, as administratrix on the estate of her husband, whose domicil was in Massachusetts, at the time of his death. The appellants are the children and heirs of the decedent, and the only item in the account to which'they object is a credit of $700, being the amount granted to the widow, as her allowance, by the judge of probate in this State. The defendant took out the ancillary administration in this State, in May, 1892, on personal property *205amounting to 5850. In June of the same year, she took…
2Cases cited6 opinions
- Shannon v. WhiteMassachusetts Supreme Judicial Court · 1872
- Allen v. AllenMassachusetts Supreme Judicial Court · 1875
- Dale v. Hanover National BankMassachusetts Supreme Judicial Court · 1891
- Medley v. . DunlapSupreme Court of North Carolina · 1884
- Richardson v. LewisMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gale v. CommissionerUnited States Tax Court · 1960
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Will of EatonWisconsin Supreme Court · 1925
- Bigelow v. BoothSouth Dakota Supreme Court · 1916
- In Re Metcalf's EstateMontana Supreme Court · 1933
11 more not listed; retrieve them via the Exa API.