38 Neb. 657 | Neb. | 1894
Dr. Joel N. Converse died in Lancaster county, Nebraska, in 1890, leaving a will, since duly probated, in and by which he bequeathed to his wife, the appellee here, the use during her life of certain lands in Lancaster county, and bequeathed to her, absolutely, his library, household goods, furniture, jewels, one buggy and harness, five head of horses, five cows, and $6,000 in money. The sixth paragraph of the will provides: “All other property, whether personal or real, must be converted into money, and all my debts collected, and the proceeds thereof applied to funeral and court expenses, together with my indebtedness and bequests. Whatever may be remaining thereof will be divided between my two daughters.” The eighth paragraph of the will contained this provision: “The bequest of my wife, Mrs. M. E. Converse, is in lieu of all appropriations as the law would give her, except one year’s support, which I desire she shall have.” The appellee duly accepted and consented to all the provisions of the will, and received as one year’s support for herself $600, allowed to her by the probate court out of the estate of her husband. December 24, 1891, the probate court made her a further allowance of $75 per month, to be paid out of the doctor’s estate, such allowance to begin October 11, 1891, and continue until the settlement of the estate. The case is here on appeal from this order.
This appeal challenges the authority and jurisdiction of the probate court to charge the estate of a decedent, pending the settlement of the estate, with the support of the widow, when such decedent has disposed of his personal estate by will and his widow has accepted the provisions thereof. Counsel for appellants say : “ The probate court has no jurisdiction to make an allowance when the personal estate has been lawfully disposed of by will, and that the appellee could not take both under the will and the stat
In Baker v. Baker, 57 Wis., 382, a decedent left a will disposing of all his property. The will was duly probated. The probate court allowed the testator’s widow for her support $50 per month for one year after her husband’s death; and, at the expiration of the year, by a second order, allowed her for her support an additional sum of $50 per month, to continue during the pendency of the settlement of the'estate. An appeal to the supreme court of Wisconsin was taken from this order, the appellants contending that the action of the probate court was a nullity, and section 3935 was relied on to sustain such objection. On the other hand, the appellees argued that said section 3935 was of itself statutory authority to support the order of the probate court. The supreme court said: “ The argument is that under the provisions of section 3935 R. S., no allowance can be made to a widow in any case, when the deceased has died testate, and by his will disposed of all his property, both real and personal, unless the widow renounces all rights under the will. * * * The con
Affirmed.