Boragno

Amelia Vannucci, the widow of Alfredo Vannucci, appeals from those portions of a probate court order which affect her right to a widow’s allowance and a probate homestead.

Alfredo Vannucci died in May 1972, survived by his widow, Amelia, and two daughters and four grandchildren. Alfredo and Amelia had been married for 12 years. On the date of their marriage, Alfredo was already retired and living on the income from his separate property. There was, therefore, no community property of the marriage. However, Alfredo and Amelia did purchase a building containing two flats, initially taking title as joint tenants. Shortly thereafter, Alfredo converted the ownership to a tenancy in common by deeding his one-half interest to a third party who then deeded the interest back to Alfredo. Alfredo and Amelia lived in one of the two flats during their marriage.

Alfredo died testate, leaving an estate valued at an amount in excess of $400,000. He bequeathed to his widow household furnishings worth $400 and the sum of $5,000. His will specified that the $5,000 bequest should be reduced by any family allowance paid to Amelia.

On June 19, 1972, Alfredo’s will was admitted to probate,…