In re the Estate of Hooper

Citations

• 117 Wash. 463
• 201 P. 740
• 1921 Wash. LEXIS 863

Syllabus

<p>Executors and Administrators (58, 59)- — Allowance to Surviving Wife — Maintenance of “Family” — Statutes — Construction. Under Laws 1917, ch. 156, §§ 103, 104, providing for a homestead to a surviving spouse not exceeding in value $3,000 out of either separate or community property, and that in case a homestead had been selected, not exceeding $2,000 in value, the court shall award the surviving spouse other property so that the total value of homestead and other property shall not exceed $3,000, which shall be free from further administration, a widow to whom, had been devised the equity in their home worth $1,370.63, and household furniture worth $300, was entitled to an award of a money’judgment against the estate sufficient to bring her allowance to $3,000, notwithstanding she was made a residuary legatee to a one-third interest in property of the value of $6,468.75.</p> <p>Same (58, 59). Under Laws 1917, ch. 156, §106, providing for a further reasonable allowance of cash out of an estate as may be necessary for the maintenance of the family during the settlement of the estate, a surviving wife is entitled to such allowance, though there are no minor children or other dependents on her.</p> <p>Same (59). A widow constitutes a “family” upon the death of her husband, though she is without children or may have children . all of age.</p> <p>Same (62) — Support of Family — Statutes—Construction. Statutes providing for allowances to the survivor of a decedent are strongly favored in law, rest in sound public policy, and should be liberally construed.</p>