Estate of Byrne

Citations

• 1 Myrick 1

Syllabus

<p>Undue influence—Will drafted by beneficiary.—The fact that the beneficiary drafted the proposed will, is, in itself, only a suspicious circumstance, which might prompt a closer scrutiny on the probate; but when the execution, in all other respects, is free from criticism, the mere drafting by the person to he benefited, can raise no presumption of undue influence.</p> <p>Widow’s allowance.—The right of a widow to have an allowance set over to her out of the estate, may very properly be tested by reference to her relations with deceased, and her right, as wife, to call on him for her maintenance during his lifetime.</p> <p>A wife who has separated from her husband; re-married under the erroneous impression that she was divorced; had children by such second marriage; and never, at any time, had conjugal relations with decedent, cannot be said to be a member of his family, so as to entitle her to a family or widow’s allowance.</p> <p>Construing sections, O. C. 1272; C. 0. P. 1312, 1466-8.</p>