51 Vt. 440 | Vt. | 1879
The opinion of the court was delivered by
This is an appeal from an order of an allowance to the widow for maintenance during the progress of the settlement of the estate, as provided in s. 29, c. 49, Gen. Sts. The terms of the statute as to appeals, s. 30, c. 48, Gen. Sts., are broad enough, and apt enough in signification, to cover this case. The order is a final one, from the nature of it, and contemplates present and irreversible execution. It appropriates the assets and property of the estate for present and current use and consumption, without return from anybody, in any form or manner.
It is now before this court for the first time to be determined
If the making of the allowance, as provided for in said section 29, is the subject of appeal, such appeal would defeat the very purpose for which the section was enacted, — so that, with reference to such purpose, the Legislature would have to be regarded as having left the bereft family at the mercy of whosoever might, by reason of interest in the estate, be interested to prevent the property of the estate, to the utmost possible, from going away from their own pockets, — which, in frequent cases, would result in destitution and suffering, although the property of the estate should be ample for answering to existing wants and necessities.
It is a matter of great moment upon the construction and operation of the statute that this is the first instance of an appeal taken and prosecuted from such an allowance within the knowledge of
Judgment affirmed.