Estate of Hamalian

This is an appeal from an order dismissing the petitioner’s application for a family allowance. The petitioner and the decedent were married in February, 1913; their relations were not amicable and from time to time they lived separate and apart. The last separation occurred May 8, 1919, and on the 26th of May a purported settlement was made between the petitioner and the decedent of and concerning their property rights. Shortly after that purported settlement the husband died, July 3, 1919. Administration on his estate was commenced and thereafter the administrator filed in the probate court an inventory and appraisement which showed an estate of an apparent valuation of $41,974.88. When that inventory had been filed the petitioner applied for a family allowance. In her petition she set forth the making of the purported property settlement but alleged that the same was obtained by and through the false representations made to her by the decedent and was obtained by and through his coercion. A hearing of said petition was had in the trial court and the petitioner called to the stand seven witnesses and also introduced certain documentary evidence. When the petitioner had rested…