Estate of Sullivan v. Sullivan

The question, presented upon this appeal requires an interpretation of sec. 318.01 (2), Stats., already set out. On behalf of the petitioner it is argued that the statute is mandatory; that it was the duty of the court to make a reasonable allowance out of the estate, and that refusal of the court to make the petitioner any allowance was erroneous. On the other hand, it is argued that the statute is purely discretionary; that the widow has received certain insurance moneys and other resources, and that it would be equitable to deny her support under the statute, under all the facts and…