Gowen

Supreme Judicial Court of Maine

Gowen

32 Me. 516

CourtSupreme Judicial Court of Maine

DecidedApril 15, 1851

StatusPublished

Cited by1 cases

This text of 32 Me. 516 (Gowen) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gowen, 32 Me. 516 (Me. 1851).

Pincite

Opinion

Shepley, C. J.,

orally.—The proceedings by the indenture were only in pais. They did not involve or affect any action of the Probate Court. They could not rescind the waiver, already on the public records. It is said the indenture operated as a technical release. But such a release, to have any effect, must operate on an existing right. A widow’s claim for an allowance is not such a right. It is merely in the discretion of the court. Such a document could not defeat or prevent the proceedings required by the statute for the settlement of estates. Appeal dismissed.

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Shepley, C. J.,

orally.—The proceedings by the indenture were only in pais. They did not involve or affect any action of the Probate Court. They could not rescind the waiver, already on the public records. It is said the indenture operated as a technical release. But such a release, to have any effect, must operate on an existing right. A widow’s claim for an allowance is not such a right. It is merely in the discretion of the court. Such a document could not defeat or prevent the proceedings required by the statute for the settlement of estates. Appeal dismissed.

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Bluebook (online)

32 Me. 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gowen-me-1851.

Opinion

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