¶1 I concur in the result, but not in the reasons given by the majority of the court in reaching the conclusion that there is error in the present case. All of the cases unite upon this test, that where there is no dependency there can be no allowance for support. The record now before us does not show that the husband was financially helpless or in any way dependent upon his wife while living, or upon her estate after her decease, for his support. For this reason, and this alone, I think that there was error in making the allowance in question.
91 Conn. 76
98 A 718
Rourke v. Russell
Decided October 6, 1916
Supreme Court of Connecticut · decided 1916-10-06
Appeal by the plaintiff from an order and decree of the Court of Probate for the district of New Haven making an allowance of $50 per month for the support of the surviving husband of a deceased wife during the settlement of her estate, taken to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered confirming the action of the Court of Probate, and appeal by the plaintiff.
Good law ✅— No negative treatment on recordhow we know
Error, judgment to be entered for plaintiff · Decided 1916-10-06
How this case has been cited
Cited by 7 later decisions — most recently June 1959
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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