Loundagin v. Loundagin

Josephine Louise Loundagin, widow of deceased Nicholas Ficklin Loundagin, appeals from a portion of an order granting a widow’s allowance in the sum of $75 per month beginning July 20, 1960, and continuing until the further order of the court, on the ground that this allowance was so inadequate as to be an abuse of discretion. (Citing such authority as Estate of Lux, 100 Cal. 593 [ 35 P. 341 ]; Estate of Finch, 173 Cal. 462, 464 [160 P. 556]; Estate of Secord, 84 Cal.App.2d 783 [ 192 P.2d 81 ].)

Probate Code, section 680, provides that the widow and minor children are entitled to: “. . . such reasonable allowance out of the estate as shall be necessary for their maintenance according to their circumstances. ...” (Italics ours.)

Decedent and petitioner were married on August 15, 1928. They separated about March 16, 1959, and secured an interlocutory decree of divorce on August 27, 1959. The deceased died on February 20, 1960. His estate consisted of cash in the approximate sum of $3,850. Creditors’ claims thus far filed in the estate are for the balance of funeral expenses amounting to $88.37. The time for filing claims had not elapsed at the time of the application for a widow’s…