Wells Fargo Bank & Union Trust Co. v. Broad

[197]

SPENCE, J.

This is an appeal from an order granting an allowance to the respondent widow, Louise M. Broad, for her maintenance during the administration of the estate.

The deceased died in 1930. During that year an inventory and appraisement was filed, but it was signed only by the inheritance tax appraiser, while three appraisers had been appointed. Thereafter respondent petitioned for an allowance for her maintenance and an order was made granting her the sum of $125 per month for the period of one year from and after the death of the deceased. No appeal was taken from said order. In 1931 another inventory and appraisement was filed, which document was signed by all three appraisers. In May, 1932, after the last-mentioned inventory had been filed and after the original allowance to the respondent had terminated, respondent petitioned for a further allowance of $150 per month. Appellants objected to the hearing of said petition, claiming that the trial court was without jurisdiction to make any further allowance. The trial court overruled the objection and proceeded with the hearing. The estate was not insolvent and although there had been a depreciation in values, there was still property of the value of approximately $7,600 in the hands of the executor. The trial court found that six months was the time reasonably necessary for settling the estate and made its order granting respondent an allowance of $25 per month for a period of six months. This appeal is taken from the last-mentioned order.

Appellants contend that the trial court “had no jurisdiction to entertain the petition of the widow for a second family allowance after the inventory was filed”. Although the parties discuss in their briefs the effect of the filing of the first inventory, we do not believe that question need be discussed here in view of the conclusions which we have reached. If after filing a valid inventory a probate court can properly make an allowance for a limited period and, after the expiration of such limited period, make a further allowance for a second limited period, then the question of the validity of the first inventory herein is of no importance. As we view the record on the present appeal, the solution of this question is determinative of the controversy, as it is not contended that the trial court