Welch v. Welch
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Plymouth, granting an allowance of |440 to the petitioner, widow of William Welch, late of Abington, by his heirs, children by a former marriage. The case was heard by Hammond, J. The respondents asked for a ruling, that on the whole evidence the petitioner was not entitled to an allowance.
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Appeal from a decree of the Probate Court for the County of Plymouth, granting an allowance of |440 to the petitioner, widow of William Welch, late of Abington, by his heirs, children by a former marriage. The case was heard by Hammond, J. The respondents asked for a ruling, that on the whole evidence the petitioner was not entitled to an allowance. The justice refused so to rule and affirmed the decree of the Probate Court, with costs to neither party; and the respondents alleged exceptions.
1Opinion of the CourtLathrop, J.
This case comes before us on an exception to the refusal of the single justice of this court, who heard the case on appeal from the Probate Court, to rule that on the whole evidence the petitioner was not entitled to an allowance. The amount of the allowance, if any was to be made, is not raised by the bill of exceptions.
The power to make an allowance to a widow from the personal estate of her deceased husband is given by the Pub. Stsl c. 135, § 2, and is-to be made “ having regard to all the circumstances of the case.”
The only possible grounds on which it can be urged that the widow was not…
2Cases cited5 opinions
- Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
- Ryder v. LoomisMassachusetts Supreme Judicial Court · 1894
- Allen v. AllenMassachusetts Supreme Judicial Court · 1875
- Slack v. SlackMassachusetts Supreme Judicial Court · 1877
- Lisk v. LiskMassachusetts Supreme Judicial Court · 1891
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