Dale v. Hanover National Bank
Massachusetts Supreme Judicial Court
Appeal, by various creditors of the estate of Ebenezer Dale, from a decree of the Probate Court for Suffolk County giving his widow, on her petition, an allowance of $5,000 out of the personal estate of her husband. The case was heard by Allen, J., who affirmed the decrée, and, upon an appeal being taken from his decision, reported the case for the consideration of the full court, upon agreed facts, in substance as follows.
Read the full summary
Appeal, by various creditors of the estate of Ebenezer Dale, from a decree of the Probate Court for Suffolk County giving his widow, on her petition, an allowance of $5,000 out of the personal estate of her husband. The case was heard by Allen, J., who affirmed the decrée, and, upon an appeal being taken from his decision, reported the case for the consideration of the full court, upon agreed facts, in substance as follows. Ebenezer Dale had lived with his wife in Boston, passing his summers with her at Gloucester. Both parties were of high social standing. Mr. Dale died on September 9,1889,…
1Opinion of the CourtKnowlton, J.
The decision of this case involves two questions: first, what is the true construction of the statute in regard to allowances to widows by probate courts; secondly, what is the application of that statute to the facts agreed by the parties. The language of the law relied on by the petitioner is as follows: “Such parts of the personal estate of a deceased person as the Probate Court, having regard to all the circumstances of the case, may allow as necessaries to his widow, for herself and for his family under her care, or, if there is no widow, to his minor children, not exceeding fifty…
2Cases cited8 opinions
- Paine v. HollisterMassachusetts Supreme Judicial Court · 1885
- Allen v. AllenMassachusetts Supreme Judicial Court · 1875
- Slack v. SlackMassachusetts Supreme Judicial Court · 1877
- Leavenworth v. MarshallSupreme Court of Connecticut · 1849
- Heirs of Sawyer v. SawyerSupreme Court of Vermont · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
- In re WilliamsAppellate Division of the Supreme Court of the State of New York · 1898
- Estate of Rudnick v. CommissionerUnited States Tax Court · 1961
- Illinois Central Railroad v. ArnolaMississippi Supreme Court · 1901
- Smith v. HowardSupreme Judicial Court of Maine · 1894
11 more not listed; retrieve them via the Exa API.