Moore v. Moore

• Decision Date: 25 April 1882
• Citation: 12 N.W. 180,48 Mich. 271
• Court: Michigan Supreme Court
• Parties: MOORE v. MOORE.

12 N.W. 180

48 Mich. 271

MOORE v. MOORE.

Supreme Court of Michigan

April 25, 1882

On the death of testator allowance may be made out of his estate for the support of his widow, pending the settlement of his estate, though she may be a legatee.

Whether an appeal will lie from an order of allowance to a widow for her support, pending the settlement of the estate of decedent, quaere.

Error to Washtenaw.

Sawyer & Knowlton, for plaintiff in error.

E.D Kinne, for defendant in error.

CAMPBELL J.

In this case the probate court for the county of Washtenaw made an allowance for the support of the widow of a deceased testator pending the settlement of his estate, she being the only person properly to be deemed as his family. The circuit court held she was not entitled to any such support, because she had provision made by the will. The estate was a considerable one, with several thousand dollars in personalty as well as lands, and the only bequest to the wife was in these words "After the payment of all my debts, funeral expenses and the expenses of the settlement of my estate I give devise and bequeath to my present wife, Lucinda Moore, her heirs and assigns, one-third of the remainder of my estate, both real and personal."

By section 4350 of the Compiled Laws the probate court is authorized to make such reasonable allowance as may be judged necessary for the expenses of maintenance of the widow and minor children during the settlement of the estate, but never for a longer period than until their shares are assigned to them. This provision is as necessary where legacies are left as where they are not, and the statute was passed to avoid the cruelty of leaving a family exposed to want during the interval of settlement. The statute is full and in no way doubtful, and the allowance was proper. It is not clear to us that such an order is appealable. In Walker v. Hull, 35 Mich. 488, it was suggested that there is a necessary limit to appeals, and that if an appeal will lie from the provisional and temporary arrangements which are designed to expedite or assist the settlement of estates, it might be difficult if not impossible to settle them at all within any reasonable time. The immediate object of this allowance is to provide sustenance for the family during the settlement of the estate, for the reason that the necessities of support will not allow the delay of such provisions, because they are...