Estate of Cutting

On April 19, 1913, Francis Cutting and Alice Duren entered into a contract with reference to their contemplated marriage. Mr. Cutting was seventy-nine years of age at the time and Miss Duren was more than forty-five years old. He was a widower possessed of a fortune worth approximately five hundred thousand dollars and was the father of two living adult children. On Elay 10, 1913, Eliss Duren and Mr. Cutting were married. On July 10, 1913, he executed a codicil to his will which had been made prior to his marriage, said codicil operating as a republication of the testament. (Estate of Cutting, 172 Cal. 191 , [ 155 Pac. 1002 ].) Mr. Cutting died on the first day of October, 1913, and his estate is in the course of administration. On January 16, 1915, more than a year after her husband’s death, Mrs. Cutting filed a petition for a family allowance of one thousand dollars a month. This application was resisted by Mr. Cutting’s two children and by the Pacific Unitarian School for the Ministry, one of the legatees mentioned in the will, and after a hearing it was denied. From the order refusing a family allowance, Alice M. Cutting, widow of Francis Cutting, prosecutes this appeal.

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