FIDUCIARY ADMINISTRATION-EXECUTORS AND ADMINISTRATORS-DEATH OF WIDOW AS AFFECTING AMOUNT OF HER ALLOWANCE

Authors

Warren K. Urbom, University of Michigan Law SchoolFollow

Abstract

A widow survived her husband by three months and thirteen days. Subsequent to the death of both, appraisers of the husband's estate set off to his widow $750 as her year's allowance. Executrix of the widow's estate filed an exception to the allowance and made application to increase the amount on the ground that the sum given would have been insufficient if the widow had lived the full year. Granting the application, the probate court found that a reasonable allowance based on twelve months would be $5000, The court of appeals reversed, holding that the allowance should be based on the three month period during which the widow lived. On certification, held, reversed, two judges dissenting. The widow's estate was entitled to an amount computed on the full twelve month period. In re Estate of Croke: Clancy v. Cleveland Trust Co. p 155 Ohio 434, 99 N.E. (2d) 483 (1951).

Recommended Citation

Warren K. Urbom, FIDUCIARY ADMINISTRATION-EXECUTORS AND ADMINISTRATORS-DEATH OF WIDOW AS AFFECTING AMOUNT OF HER ALLOWANCE, 50 Mich. L. Rev. 940 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss6/14