In re Estate of Vance

This appeal is from an order setting apart a probate homestead to the widow of deceased.

John Vance died testate, leaving a widow and two sons, issue of a former marriage. There were no minor children.

The will was duly admitted to probate, but, subsequently, S. A. Vance, one of the sons of the testator, inaugurated a contest, and asked that the probate be revoked.

The value of the estate exceeded one million of dollars.

The will gave the widow fifty thousand dollars in cash, but no further interest in the estate.

The grounds of the contest do not appear, nor what part, if any, the widow took in it. Apparently she would have been greatly benefited by having the will defeated. However, while the contest was pending, S. A. Vance paid her fifty thousand dollars, the amount of her legacy, and took from her an instrument in writing, as follows:

At the same time both sons of testator, who were beneficiaries under the will, executed to her the following:

The contest seems to have been dismissed soon after, for it appears that the executors paid S. A. Vance the fifty thousand dollars.

The executors then applied to the court to have the allowance to the widow revoked, on the ground…