Chase v. Webster
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, made December 12, 1895, allowing $100 to Mary E. Chase, as the widow of William C. Chase, upon her petition, dated December 12 aforesaid, for an allowance out of the estate of her deceased husband.
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Appeal from a decree of the Probate Court, made December 12, 1895, allowing $100 to Mary E. Chase, as the widow of William C. Chase, upon her petition, dated December 12 aforesaid, for an allowance out of the estate of her deceased husband. The appellant, who was the executrix of the will of William C. Chase, filed the following reasons of appeal: “ 1. That it does not appear that the appellee is the widow of William C. Chase. 2. That the appellee was not so placed by reason of the death of William C. Chase as to entitle her, assuming her to have been such widow, to an allowance. 3. That the…
1Opinion of the CourtBarker, J.
A decree of divorce entered nisi does not dissolve the marriage. Wales v. Wales, 119 Mass. 89. Graves v. Graves, 108 Mass. 314. Noble v. Noble, L. R. 1 P. & D. 691. A decree nisi having been entered, the death of either party before the decree has been made absolute, and before the time when it can be made absolute, puts an end to the suit; and thereafter the divorce cannot be made absolute, either by order of court or by the operation of St. 1893, c. 280, § 1. The petitioner is therefore the widow of the testator.
The power to make allowances from the personal estate of a deceased person is…
2Cases cited5 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Allen v. AllenMassachusetts Supreme Judicial Court · 1875
- Dale v. Hanover National BankMassachusetts Supreme Judicial Court · 1891
- Slack v. SlackMassachusetts Supreme Judicial Court · 1877
- Wales v. WalesMassachusetts Supreme Judicial Court · 1875
3Cited by25 opinions
- In Re the Administration of the Estate of CrandallNew York Court of Appeals · 1909
- Levanosky v. LevanoskyMassachusetts Supreme Judicial Court · 1942
- Diggs v. DiggsMassachusetts Supreme Judicial Court · 1935
- In Re Hanrahan's WillSupreme Court of Vermont · 1937
- Holmberg v. HolmbergNebraska Supreme Court · 1921
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