Helwinkel v. Helwinkel

Lawrence R. Helwinkel died November 13, 1960. His widow, the appellant herein, successfully petitioned to have his will admitted to probate and to have herself appointed executrix thereof. On January 24, 1961, appellant obtained an order awarding her a family allowance of $250 per month commencing February 1, 1961. She was subsequently indicted, tried and convicted for the murder of her husband. None of the monthly installments of family allowance were paid. Her counsel stipulated with counsel for the brother of her deceased husband that the family allowance be terminated as of April 20, 1961. Prior to that, however, on April 13, the brother’s attorney had filed a petition asking the court to enjoin the executrix from paying to herself the three payments for family allowance which had accrued, and to have the order for family allowance vacated. Petitioner further prayed that the court make no further order for family allowance pending disposition of the murder charge.

In his points and authorities accompanying the motion, counsel for respondent cited certain Code of Civil Procedure sections relating to injunctions, together with Probate Code section 258 which bars a person…