214 Mass. 580 | Mass. | 1913
The petitioner is the widow of Charles J. Cheney, who at the time of his death was a resident of Rumford in the State of Maine, and who died without issue leaving a will which was duly proved and allowed in Maine. At the time of his death he was possessed of real estate in Boston, but had no personal property in this Commonwealth. The will has been duly probated in the County of Suffolk, and the widow has waived the provisions of the will. This is a petition by her representing that the personal estate is insufficient to pay the share of the widow consisting, as alleged, of $5,000 in cash and one half of the real estate, and praying that the executor be ordered to sell the real estate for the purpose of paying her the $5,000 to which she claims to be entitled under R. L. c. 140, § 3, cl. 3. The case comes here on appeal from the decree of the single justice
We assume in favor of the petitioner, without deciding, that she could waive the provisions of her husband’s will after it was probated here, though a serious doubt is intimated in Shannon v. White, 109 Mass. 146, and that the effect of the waiver was to create as to her an intestacy in regard to the estate situated here.
So ordered.
Hammond, J.
By Grant, J.