Estate of Walkerley v. Walkerley

Searls, C. J. There are two appeals in this case, based upon the same record, one from an order of the court setting apart to the surviving widow of William Walkerley, deceased, certain household furniture, books, etc., being furniture exempt from execution, and the other from an order allowing such widow a family allowance of $420 per month.

The two appeals will be considered together.

William Walkerley died on the sixteenth day of September, 1887, leaving no family except Blanche Walkerley, his widow, and a child conceived but not yet born at the date of the entry of the order in question (December, 1887).

His estate was valued at about seven hundred and eighty-two thousand dollars, which was encumbered to the extent of two hundred and sixty thousand dollars, and is solvent, and fully able to pay the monthly allowance awarded to the widow, which is found to be a reasonable allowance for her maintenance according to the circumstances of the family, and that she is without other means of support, and has no income from the estate.

The furniture is that left in the dwelling-house of deceased where the widow resides, which is found to be exempt from execution, and need not be enumerated.

[644]Deceased left a last will, which was admitted to probate, together with a codicil thereto.

The original will bequeathed to the wife the furniture in question, to her sole use forever, the use of his residence during her widowhood, and an annuity of two thousand four hundred dollars per annum for life.

By the codicil, executed shortly before his death, deceased, on learning that a child was to be born to him, and as is therein stated for the purpose of providing for such child, “and to make a more liberal provision for my said wife than I have made in my will,” annulled the provisions in the original will relating to his wife, and in lieu thereof gave and bequeathed to her the sum of one hundred thousand dollars, to be paid to her when certain property is sold as by the will directed, and in the mean time to be and remain a lien upon such property, bearing interest at five per cent per annum, said interest to be paid to her semi-annually.

The property alluded to is not to be sold during the life of the wife, or at least for twenty-five years, so that in effect she is to receive the interest as aforesaid during her life, or for twenty-five years.