In re Estate of Mackay

This is an application, by petition, by and in behalf of Harriet Schenek Mackay for a family allowance under the statute, section 1466, Code Civil Procedure. The petition sets forth and alleges that P. N. Mackay died in San Francisco on April 21, 1893; that at the time of his death he and the petitioner were, and continuously from the 5th of September, 1880, had been, married as husband and wife, living, residing and cohabiting together as such, and mutually assuming and bearing each toward and with the other the relations, marital rights, duties and obligations of husband and wife; that said Mackay and petitioner, on about the fifth day of September, 1880, in the city and state of New York, mutually agreed and contracted to then and there be and become and thereafter, during their lives, continue married, under and by virtue of the laws of said state of New York, and to mutually sustain, bear and assume toward each other, and the world at large, marital rights, duties and obligations as husband and wife; and that then and there, under and by virtue of the laws of said state of New York, they were married in said state and became and were husband and wife and from that time on…