Drew v. Gordon
Massachusetts Supreme Judicial Court
Contract brought by the administrator of a widow’s estate against the executor of her husband’s will, to recover the amount of an allowance to her out of her husband’s estate. The following facts were agreed in the superior court: The judge of probate made a decree, allowing to her as necessaries for herself and family under her care, “ personal estate of said deceased to the amount of two hundred and fifty dollars.”
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Contract brought by the administrator of a widow’s estate against the executor of her husband’s will, to recover the amount of an allowance to her out of her husband’s estate. The following facts were agreed in the superior court: The judge of probate made a decree, allowing to her as necessaries for herself and family under her care, “ personal estate of said deceased to the amount of two hundred and fifty dollars.” The defendant knew of this decree within thirty days and did not appeal. The defendant’s testator left real estate appraised at $2650; and personal estate to the amount of…
1Opinion of the CourtHoar, J.
The question presented for decision on this statement of facts is, whether, if a decree has been made in the court of probate for an allowance to a widow under Gen. Sts. c. 96, § 5, from which no appeal is taken, and she has died before receiving it, the right to it will survive as a right of property to her administrator. The section of the statute is as follows: “ Such parts of the personal estate of a person deceased as the probate court, having regard to all the circumstances of the case, may allow as necessaries to his widow, for herself and family under her, care, or, if there is no…
2Cases cited1 opinion
- Storer v. StorerMassachusetts Supreme Judicial Court · 1810
3Cited by3 opinions
- Estate of Rudnick v. CommissionerUnited States Tax Court · 1961
- In re the Sussex Trust Co.Orphan's Court of Delaware · 1937
- Estate of Rudnick v. CommissionerUnited States Tax Court · 1961