Legal Opinion

Baker's Appeal from Probate

Connecticut Superior Court

Decided September 15, 1888PublishedCited by 4 opinions

Appeal from a decree of a probate court denying the application of the appellant for an allowance for her support from the estate of her deceased husband during the settlement of the estate; taken to the Superior Court in Tolland County. The executor pleaded in bar of the allowance an agreement of the wife in writing, before marriage, to accept a certain sum then paid her by the husband, in lieu of her statutory share, such an agreement being provided for by the statute.

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Appeal from a decree of a probate court denying the application of the appellant for an allowance for her support from the estate of her deceased husband during the settlement of the estate; taken to the Superior Court in Tolland County. The executor pleaded in bar of the allowance an agreement of the wife in writing, before marriage, to accept a certain sum then paid her by the husband, in lieu of her statutory share, such an agreement being provided for by the statute. To this plea the appellant demurred. The marriage took place after the act of 1877 (Gen. Statutes, § 628) took effect, and…

1Opinion of the CourtLoomis, J.

It is provided in Gen. Statutes, § 604, that “ courts of probate may allow out of any estate of a deceased person in settlement before such courts, such amount as they *587may judge necessary for the support of the wife or family of the deceased during the settlement of the estate.”

This is substantially the law as it has stood for more than a century on our statute books, and there has been little controversy as to its meaning.

But the act concerning the property of married women, passed in 1877, which provides for the share of the husband’s property which the wife shall receive upon his death in…

2Cases cited1 opinion

  1. Barnum v. BoughtonSupreme Court of Connecticut · 1887

3Cited by4 opinions

  1. Second National Bank of New Haven v. United StatesDistrict Court, D. Connecticut · 1963
  2. Havens Appeal from ProbateSupreme Court of Connecticut · 1897
  3. Sklar v. Estate of SklarSupreme Court of Connecticut · 1975
  4. Rhode Island Hospital Trust Co. v. HopkinsSupreme Court of Rhode Island · 1915

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