gno.law

In re Estate of Hamilton

California Supreme Court · No. 9,972 · 1885-04-09 · Published · 66 Cal. 576 · 6 P. 493 · 1885 Cal. LEXIS 506

IN THE MATTER OF THE ESTATE OF HUGH HAMILTON

Area
probate

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

The Court When Mrs. Hamilton, widow of the deceased, became the wife of Mr. Dale, she was no longer the widow of the deceased, and was no longer entitled to have maintenance out of the estate as such. The order of allowance to her, there*577tofore made, terminated at her second marriage, without the further order of the court. There are no minor children, and therefore no question as to the maintenance of such children. Doubtless the court below can, upon final distribution, treat as advances to Mrs. Dale the amounts improperly paid to her, and have the same deducted from her distributive share.

The orders appealed from are affirmed.

Hearing in Bank denied.

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