¶1orally.—The proceedings by the indenture were only in pais. They did not involve or affect any action of the Probate Court. They could not rescind the waiver, already on the public records. It is said the indenture operated as a technical release. But such a release, to have any effect, must operate on an existing right. A widow’s claim for an allowance is not such a right. It is merely in the discretion of the court. Such a document could not defeat or prevent the proceedings required by the statute for the settlement of estates. Appeal dismissed.
32 Me. 516
Gowen
Supreme Judicial Court of Maine
Decided April 15, 1851
Supreme Judicial Court of Maine · decided 1851-04-15
Provision was niade for the appellee in the will of her late husband. She waived that provision in due form in the Probate Court, and applied for an allowance out of the personal estate, and was allotved' six hundred dollars. From that allowance, this appeal is taken by the heirs and legatees.
Cited by 1 later decisions — most recently October 1887
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1851-04-15
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