Piper v. Piper
Supreme Court of New Hampshire
Appeal, taken March 31, 1855, by George W. Piper, executor of the last will of Francis Piper, late of Tuftonborough, deceased, from a decree of the judge of probate for this county, made March 6,1855, allowing to the appellee, Abigail Piper, widow of said Francis, out of the personal estate of said deceased, the sum of two hundred and fifty dollars, for her present support.
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Appeal, taken March 31, 1855, by George W. Piper, executor of the last will of Francis Piper, late of Tuftonborough, deceased, from a decree of the judge of probate for this county, made March 6,1855, allowing to the appellee, Abigail Piper, widow of said Francis, out of the personal estate of said deceased, the sum of two hundred and fifty dollars, for her present support. Two reasons of appeal are set forth by the appellant: 1. Because, if said Abigail was entitled to any allowance, the sum named in the decree is too large, the said Francis ■ haying made (though not by his will) ample…
1Opinion of the CourtFowler, J.
Upon the facts found by the auditor’s report, and shown by the copies in this case, the first question presented is that raised by the second reason of. appeal assigned by the appellant, namely, whether the appellee was estopped, by receiving the legacy of one dollar and giving her receipt therefor, under the circumstances stated by the auditor, from afterwards waiving the provisions of the will, and claiming her allowance out of the personal estate of her deceased husband.
It might well be doubted whether a nominal legacy of one dollar only to the widow is such a provision as the law…