Churchill v. Churchill

OPINION

HILL, Justice.

Mary Ann Churchill and Stephen T. Churchill, coexecutors of the estate of Richard Churchill, deceased, appeal from the granting of an application for family allowance filed by Marian Wardene Churchill, the deceased’s surviving widow. In four points of error, the appellants contend that the trial court erred in granting the application for family allowance because: (1) a surviving spouse is not entitled to the allowance when adequate provision has been made for her by will; (2) Marian was put to an election between taking under the provisions of the will or taking her…