Estate of Clark

The question involved in this appeal relates to the legality of a judgment or order by which a former order of allowance made to the widow of the deceased was reduced in amount and later altogether discontinued.

It is conceded that the parties to the appeal are bound by the findings of fact which were made by the trial court, and which, so far as are here material, may be briefly stated as follows: Besides the widow, the decedent left surviving him two children by a former wife. His estate in California was valued at approximately $300,000. By his will decedent left the widow a life interest in $40,000—the bulk of the remainder of his estate to his children. After all claims against the estate had either been “allowed or provided for,” there remained a value of $200,000 for distribution among the heirs. In addition to the estate in California, decedent left an estate in Oklahoma consisting of surface rights in 160 acres of land, unproductive mineral rights in other lands, and approximately ten per cent of the mineral rights in the said 160 acres, which at that time were producing oil and gas. The widow waived her rights under the provisions of the will of deceased and elected to…