Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-12-02
F. Il. DYER ESTATE.
Judge Blair Grants The Widow 10
Allowance Of SIS Per Month.
lie REMEMBERS THE CHILDREN.
His Honor Makes an Exhaustive Re.
view of the Case and Interest.
ingly States Ills Reasons.

In ihe Probate court this morning
Judge Blair rendered bis decision Ia
regard 10 the application Of Mrs. Lila
+. Dyer 5oarlUs for n family allowance
out Of the iuuus Of her ueUsaHed nus
band's estate frank II. Dyerl, heard
ON Tuesday last
His honor said that since the m.
ing % the petition no action had ever
been taken by this court upon II. Now
counsel for the executors came Ia aud
con,cnIeu that iuasmuch rs thu court
dtd not act upon the Ietiliun until Mty.
Dyer ceased ~ he Awidow, on Oct. 10Th
last, shu had forfeited any right that
rhu might have na during her widow
nuo1 10 obtain what was known under
the statute es "a family all0wauce-that
All rights were now barred and this
court had now no Jurisdiction or power
90 lgrant her anything. To thib con.
iuntiou counsel Tor Mrs. Dyuil Attorney
Ogden Hilus) Indignantly o1mbateI
ANY such proportion, aud IN his zeal
iur HE client avcrfsd there was no law
making II Il crime for people
10 marry. (Laughter.) with
gommuudsble earnUatncss lac also de-
Clatuu that u was the duty OF oil per.
SONS 10 Eu. mATrltli To lnls tho court
here desired ~ add it. judicial sanction
snii alphabetically, 10 remark that
ltH Ailyuishment grow Into anna zumont
when u was remembered that tnu
! learned counsel himself had for years
refused OF neglected 10 acknowl-
edge aud perform his duty Ia this TO-
gard. u4aughterl
In December, 1892, Mrs. Dyer filed
her petition. What more could she d02
Hut tor sumo reason unknown to his
huuur-ut cause this whs prior 10 his
juit othi no action was taken uIun
the IeluOn Until ABOUT tie time she
changed hOr marriage relation. True,
she was no longer widow;
II was also true the statute
said "It might DO 10 the
widow as a family allowance" But
was II good reason, became this court
had failed TO set during her widowhoCd,
Tor saying inst she anu hur children
should be cut oil from all allowanct2
He thought not, He was Of opinion
that this court had the same power
now g. grant the allowance aH IL would
have had " she had not again married.
Another question then arose. This
statute said that the court "musi,D
! upon the application VI the widow,
| Lfght tuch family allowances a., In the
| discretion OF tue court, "mny" seem
Just anu right. Was that i'm urAiivs2
| Very frequently tho word "musp Ia
tue statute was construed as "may;n
| "mny" was Hubilitnted Tor
"musi;" aud yet n ons took
the statute US IL read, II was
imperative on the court, regardless OF
Huy circumstances whatever, TO giant
tins allowance. His honor was In
Clined 10 cOnstTue II thus-that
necessity, ms a prerequisite, must DO
shown before the court granted the
request.
Judge Blair then went briefly into
tue provisions OF tho late Aif. Dyer's
Will. The deceased, no taiu, DO.
queathed 10 his widow $4,000 In cash.
lie also gave her the homestead Ia
which she now resided, anu ali tho
| appuitenanGeH thereto belonging, In
addition to "A piece Of property Ou Com.
morcial avenue. The former was val
ucI NJ $3.50 according & the evil
usncr, anu ths latter at s35, 700 or
| $4,000. NiT. Dyer UJiIgalod tae eKecu-
tors u remove tue mortgages on both
| pieces OF property, 30 that the widow
UUuld have them entirely clear; aUd
Mrs. Dyer herself admitted upon the
| Wituess-ttaua that Bha had had an
advance ircm tbs executors OF about
5000, anu that she received ~ rentals
after paying lUf necessary repairs AM
insurance on this property the sum Of
| $500 per moath. So Tar as tbs widow
was concerned that would seem 10 DO
an ample amount for her support,
| without aug allowance from the
general asaels OF the estate.
but the most important point had
y0; 10 DO named. by tue terms VI ths
| will Judge Henderson was the guaI-
dian, not only VI this persOus but VI the
estate Oi tho three infant children.
/ Tho mother mad no control
over them-wlshout the guafJiAu's
permission. Mrs. Dyer hat already, Il
seemed, Instituted 6uit 10 recover S2I-
900 against tho ontatr; one OF the oxetu-
| tors had testified that she threatened
another suit Tor $50, 200 more, and that
| IL sho were successful ia these the
estate would probably become insol.
/ vent. II, however, she failed, there
would then be- lett several thousand
dollars tor the children; for the will
provided that after the payment OF all
mis- debts and certain lsgaoits, the re-
maiudet should go 10 them. 30 it
| really depended upon the result OF
| those suits whether the children would
ever get dollar or not. Mrs. Dyer
had testified that she had had the
| children under her care, provided
ior, clothed anu sohoOied them
ever since her husbands death,
ami that there is now, anu has been
owing i0r some time u doctors bill OF
5000 which sho has no means OF pay
ing,
While his honor did not think Mrs.
Dyer needed anything more In the
way OF nm allowance for her support,
he was driven 10 tho conclusion that
there ought 10 be something allowed
or that OF tue children. Council for
the executors had asked, "Why not
lot Mrs. Dyer make out an account
| against the guardian for their care and
custody She could Of course do 10
very easily, and It would not take this
court long 10 allow II; but n the estate
was to become inH0lvent owing to the
suits already referred to, where hat
the guardian u dollar TO pay itY There
| fore he really thought Justice demanded
something In the way Of family allow
Ance for the Chiltren'H support.
"l have concluded IN this case"
| continued the Judge, $50 give family
allowance OF $40 per month from the
ims the executors qualified I'LL the
| 18Th OF October last-tho time when
Mrs. Dyer ceased TO be Il widow; and lt
IL 90 ordered. Counsel Will uraw up
an order In conformity with my do