Legal Opinion

Lisk v. Lisk

Massachusetts Supreme Judicial Court

Decided December 16, 1891PublishedCited by 8 opinions

Appeal, by George Lisk, from a decree of the Probate Court making an allowance, under the Pub. Sts. c. 135, § 2, of one hundred dollars upon the petition of Martha S. Lisk, the widow of his father, deceased, intestate.

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Appeal, by George Lisk, from a decree of the Probate Court making an allowance, under the Pub. Sts. c. 135, § 2, of one hundred dollars upon the petition of Martha S. Lisk, the widow of his father, deceased, intestate. At the hearing in this court, before Holmes, J., it appeared that the intestate died on April 16, 1887, leaving a widow, the appellee, and an only child, the appellant; that an administrator was appointed on April 6, 1887 ; and that the widow filed the petition in question on January 17, 1890. It also appeared, although the judge did not deem it material, that the real estate…

1Opinion of the CourtKnowlton, J.

The only question reserved on this report is whether, on a petition for a widow’s allowance filed two years and eight months after the appointment of the administrator, the delay in filing the petition makes it impossible as matter of law to decree an allowance.

In Dale v. Hanover National Bank, ante, 141, the rule laid down in previous decisions of this court is reaffirmed, that the purpose of an allowance under this statute is “ to provide for the necessities of the widow and minor children for a short time, until they have an opportunity to adjust themselves to their new situation.” While…

2Cases cited1 opinion

  1. Allen v. AllenMassachusetts Supreme Judicial Court · 1875

3Cited by8 opinions

  1. Bacon v. PerkinsMichigan Supreme Court · 1894
  2. Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
  3. Glover v. GloverMassachusetts Supreme Judicial Court · 1913
  4. Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
  5. Anderson v. AndersonDistrict Court of Appeal of Florida · 1963

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