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Show WIDOW IS ENTITLED TO HER SHARE Supremo Court Reverses tho Action of the Lower Court in the Case of Martha Pugsley. IN AN opinion handed down in tho Supremo court yesterday It. Is held that a widow is entitled, notwithstanding notwith-standing the provisions of her husband's, will, to a family allowance in the savings of a 'life time which she helped to accumulate. The decision in question is rendered in the case of Martha Pugsley, widow of Phillip Pugsley, who died in this city August 7, 1S03, leaving an estate of J34.415.S1 in personal and $10,700 in real property. The heirs of the deceased consisted of a number of children, his widow, and a plural wife, Clarissa Ames Pugsley. The will provided that the executors pay to the wife. Martha Pugsley, $50, and to the plural wife. Clarissa Pugsley, ?40 per month pending the administration administra-tion of the estate. The widow Ulcd a petition In the probate pro-bate division of the District court, asking ask-ing for a family allowance of $S0 per month, and the plural wife and her children protested. The court ordered that she be given $50 In gross and the-widow the-widow filed another petition asking for $300 temporary allowance. Another petition was filed asking for a one-third Interest in all of the real estate and property to the value of $1200 was set over to the widow. Both of the other rietitions were denied nnd dismissed. From this order of the District court Martha Pugsley appealed to tho. Supreme Su-preme court. The opinion, written by Justice Bartch, reverses the pudgment of the lower court with cor.ts, and remands the cauyc with directions to the court be-I be-I low to set aside the order refusing the family allowance and proceed. In accordance ac-cordance with the premises set out by the appellate court. The following ex-truct ex-truct from the opinion shows a mingling ming-ling of true sentiment with law and equity. What the Court Says. "In this case it appears from the record, the widow is about 75 years old, and all the children and legatees are over the age of maturity, the oldest one being about 51 years old. and there Is nothing to show that they are not all able to support themselves. The appraised ap-praised value of the estate is over $50,-000, $50,-000, savings of a lifetime which this aged wife and mother assisted in accumulating, ac-cumulating, doubtless in the hope of having ample in her old days for her support and maintenance. Under the will, however, this wife of more than half a century found the provision for her so meager that she chose to renounce re-nounce it and rely upon the mercy of the law of inheritance, and as a result received, the respondents say, for her portion real estate of the value of $-1200; and when, in addition to this paltry sum, the aged wife and mother comes Into court and asks for but a reasonable reason-able allowance out of her own savings, for her support during administration, she is met with resistance, on legal technicalities without merit, and a refusal. re-fusal. There seems to be nothing In the record to Justify this. "In our ' Judgment, this is a case which the circumstances warrant a liberal allowance for. the support of the widow during the whole time of administration." ad-ministration." The opinion is concurred in by Chief Justice Baskln and Justice McCarty. |