Miller v. Miller

The executor in this proceeding has appealed from the order awarding to the widow of the deceased a family allowance of $200 per month for a limited period. He had opposed granting her petition on three grounds: (1) that she had been gainfully employed and was still capable of pursuing gainful employment; (2) that she *353 had intentionally prevented the executor from marshaling the assets of the estate and was withholding the remaining assets of the estate; and (3) that, as he had only recently “learned,” the petitioning widow and the deceased had entered into a property settlement agreement the effect of which was to waive any right she might have to a family allowance from his estate. Now, on the appeal, the parties center their arguments on the proposition last mentioned, except as, in answering an argument of the executor, respondent notes that this appeal is on the clerk’s transcript, and “As such, it must he treated as one on the judgment roll. (Lakeside Park Assn. v. Sweeney, 157 Cal.App.2d 101 [ 320 P.2d 513 ])” and “On such appeal, only those facts appearing in the findings will be considered, and sufficiency of the evidence to support findings is not open. (Estate of…