157 P. 279 | Okla. | 1916
The county court of Craig county made an allowance to Margaret E. Foreman, widow of A.W. Foreman, deceased, for the support of herself and minor children. The administrator paid the allowance for a time, and then ceased to pay upon the ground that he had distributed to the widow and children practically all that they would receive from the estate. He filed his final report asking a distribution without reference to the amount unpaid upon the widow's allowance. She excepted thereto, and after hearings in the county and district courts the question raised by such exceptions is before us for decision.
We find no difficulty in affirming the judgment of the district court sustaining the exceptions by the widow. The order for the widow's allowance was never modified or set aside. The administrator is no person to set himself up to determine whether or not said order was proper, or whether or not he will obey it. It is true that some courts have said that, inasmuch as the statute places a limit of one year upon the allowance in cases of insolvent estates, the order making the allowance, if in general terms, will be construed to be limited in duration by the terms of the statute, and have also said that where the administrator purposely delays the administration of the estate in order to exhaust it by payment of the allowance, the words of the statute "during the progress of the administration of the estate" will be construed to mean during the time reasonably necessary for the administration of the estate, and will likewise be held to be a statutory limitation upon the duration of the order (In re Dougherty's Estate,
By the Court: It is so ordered.