Arndt v. DeMent

KENNEDY, Judge.

A son of a decedent appeals from an order allowing the sum of $12,000 to the decedent’s surviving husband as a family allowance. Section 474.260, RSMo (1986).

The son says $12,000 is too much.

What constitutes a reasonable allowance in a given case is “within the discretion of the court, guided by the circumstances of the case.” Mahon v. Fletcher’s Estate, 245 S.W. 372, 375 (Mo.App.1922). This remedial statute is to be “given the most liberal construction possible in order to effectuate [its] benign and salutary purpose.” Jaeglin v. Moakley, 236 Mo.App.254, 151 S.W.2d 524, 527…