Shannon v. White
Massachusetts Supreme Judicial Court
Appeal from a decree of the judge of probate, dismissing a petition of the appellant, claiming to be the widow of Oliver N. Shannon, for an allowance out of the income of his estate in the hands of a special administrator, under the Gen. Sts. c. 94, § 9.* Hearing before Ames, J., who made a report of the case for the determination of the full court, so much of which as is material to the understanding of the point decided was as follows : Oliver N. Shannon was married to the…
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Appeal from a decree of the judge of probate, dismissing a petition of the appellant, claiming to be the widow of Oliver N. Shannon, for an allowance out of the income of his estate in the hands of a special administrator, under the Gen. Sts. c. 94, § 9.* Hearing before Ames, J., who made a report of the case for the determination of the full court, so much of which as is material to the understanding of the point decided was as follows : Oliver N. Shannon was married to the petitioner in December 1835, and died at Newton in the county of Middlesex and this Commonwealth in December 1869. On…
1Opinion of the CourtGray, J.
The allowance which the probate court is authorized to make to a widow out of the income of the estate of her husband in the hands of a special administrator appointed on account of the pendency of a suit concerning the probate of a will, as an advancement for her support, cannot, by the express terms of the statute, exceed such portion of the estate as she would be *148bntitldd to whether the will is finally proved or not. Gen. Sts. 6?. 94, § 9.
The domicil of Oliver X. Shannon is stated in his will, and in the decree of the Indiana court for the original probate thereof, to be in Indiana. The…
2Cases cited3 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Ennis v. SmithSupreme Court of the United States · 1853
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
3Cited by20 opinions
- Rackemann v. TaylorMassachusetts Supreme Judicial Court · 1910
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1874
- National Shawmut Bank v. CummingMassachusetts Supreme Judicial Court · 1950
- Hite v. HiteMassachusetts Supreme Judicial Court · 1938
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
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