Wiedemann v. Wiedemann

On this appeal from an order denying family allowance, the single question for our determination is whether decedent’s widow waived her right to such allowance.

Appellant Charlotte L. Wiedemann is the widow of Fred C. Wiedemann who died a resident of Contra Costa County on March 18, 1963, at the age of 81 years. Mr. and Mrs. Wiedemann had been married for about nine and a half years. Each had been married once before, had children and grandchildren by such prior marriages and had acquired separate property. Mr. Wiedemann had two adult children by his former marriage, one of whom is respondent executor. There were no children born issue of the marriage between decedent and appellant.

Decedent died testate and his will was duly admitted to probate. By its terms all of decedent’s estate of a value of at least $400,000 was devised and bequeathed to his two children of his former marriage to the exclusion of appellant.

The executor filed in the court below written opposition to appellant’s application for a family allowance, asserting that the granting of such allowance in any amount was contested by the two devisees of decedent’s will. The basis of the opposition was that appellant…