Hutchinson v. Dow

Appellant, who is decedent’s daughter and a beneficiary under his will, appeals from an order granting a family allowance to her mother, who is decedent’s widow and also a beneficiary under his will. The daughter contends that the probate court, having entered a final decree of distribution in the estate, thereupon lost jurisdiction to enter the challenged order. However, the daughter had appealed from certain portions of that decree, and the widow contends that pending determination of that appeal, the court had power to make the order granting the family allowance. The particular…