219 N.W. 457 | Minn. | 1928
So far as we can see, the appeal presents nothing but a question of fact. The testator made clear his intention to make adequate provision for the maintenance of his wife as long as she might live. She is not in good health, and the probable cost of needed medical and surgical attention was an element to be considered. That and other circumstances put the action of the probate and district courts beyond the possibility of successful attack.
We are not overlooking the argument that the petitioner is no longer a widow. She married again, and her present husband of course is under the duty of supporting her adequately. What he has done along that line and his ability to do more were circumstances for consideration below. But there is nothing in that phase of the case that can lead to a reversal.
Judgment affirmed.