The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-11-10
Mrs. Andres Contends, Through
Counsel, That Widow Of M.
W. FlournOy Is Limited by
Will to 5000
NO CONTEST, BUT MORE
TO BE X BY WIDOW
She Will Seek Exemptions and
Half of Community Proper
ty; Daughter Would Quail
fly as Administrative.

nouncem was made ia the
probate ,ourt today that Mrs. Jean
nette W. F~iouruoy. widow oi NJ W
Fournnv. late vice president OF the
First National bank. would accept the
I SEQ. o00 Request made by her husband
but would ask. ia addition. her oS-
empiions undcr the law as his widow
lnnd her half OF all the community
property. The announced move is
not n the nature OF a contest Of the
will The allowances viii be asked az
matters In regular ccafse OF admin
tration.
The bulk or the estate lett by MIR
Flournoy, estimated TO be worth
500. 600. was left so his daughter oy
Ia former wife. Mrs. Nell T.. r. Andres
Mrs. Andres was named admlnistra-
trixe by the VIII without bond. Her
residence was in Illinois. and her
right 60 qualify as administrator UNI
der the laws Of Kew Mexico was
brought up. Mrs. Flournoy filed a.
petition ln the probate court yester-
dag Tor M appointment ot herself as
administrative. and Mrs. Andres He'd
Ia petition askine shat the First saw
ngs Bank ~ Trust company be made
administrator
The hearing was continued and this
morning Mrs. Andres filed "a petition
setting forth that she had changed
her residence TO this city n uskiug
that she be qualified as administra-
'triN She averred that she intended
TO make Albuquerque her residence
during the period Of administration
Senator Isaac Barth. counsel Tor
Mrs. F%lournoy, contendcd that a mar
ried woman not legally separated from
her husband cannot set mp domicilo
for herself. hat the husbands resi-
dencc fixes the domicile. Judge Burg
allowed Senator Barth until noon to-
morrow 10 cite his authorities on the
point and allowed 4. b. McMii.en,
counsel Tor Mrs Andros. until satuf-
day TO make reply.
In connection with her move 10 adj
minister the estate. the widow yes.
torday asked FOR au allowance from
the estate bciitting the ann ia
which she has been accustomed TO
1--we. pending the administration Of
the estate. ln her petition she said
your petitioner has NO property
Of ans kind or nature whatsoever,
and is lett destitute and dependent
upon the charity of friends and reld-
tious Tor her support aud Wainten-
ance. that She Is absolutely peuniless.
and is without the means to support
herself according o. her station iu
life, or IN uuy an VIII ttsoevcr;
aud % s. necessary that The court
make an allowance FOR your petition
~. as the widow ot sBid lccedeut,
sufficient Go maintain the widow for
six month"; from the date of the death
Of The dccedent, 60 wit. the Goth dag
col september. 1915, as required by
paragraph ase3 OF the Sew Mexico
statutes. 1915
Replying TO that request. Mrs An
dros and thei First Savings bank and
a. o. McMiltn. the latter two as spec
cha administrators alod objection this
morning ln which j. is denied that
Mrs Flournoy WAS icft without means
To- maintain herself. and asserted that
Mrs. Flournoy has "a large amount OF
property and personal effects.
The obJcctors commended further
that in view OF the TACT tina. $50. 600
was hequcathed the widow ain lieu
of an other demands against the
state. Mrs. F%lournoy cannot nave o.
claim for support ANA maintenance
without -Ienouncing the bcqnrst
Judge Burg indicated that he was
not inclined Co regard the request f1r
support pending administration as a
claim against the estate. and gave
Mr. McNiiliin time ln which jo pr,
pare argument ana cite authorities iu
support 81 the ohieeting contention.
The will leaves $50. 600 Co the
widow 90 be paid from The estate as
follows:
'riyc thousand dollars 20 De paid
az the time of nay death. and the Dal
ance 90 be paid "a. the convenience OF
my ~cxocutrix. hereinafter uuued az
any time within two years from she
date OF my death. provided, however
that until payment OF this Request Boo
fIl has been made. aN deferred uuy-
mcn.s shall bear interest from the
date Of my death. until paid. aI Tine
rate OF 5 per cent per anaum p1t
able monthly
To Mary Ethel Flouruoy. of KIrk-
wood. Mo. sister ~ Nr F|louruoy. Is
left $1,000 outright. aud Co Marsarsi
Flournoy and Anna Bell FlourHus
daughters ri John G. Flournov, .s Ie.
81 600 each.
To the daughter, Mrs. Andres
left the residue OF the estate Hnd
property 90 every kl1l und nature
whatsoever. with the Increase there
o." n Mrs Anlros had died before
her father. the residue of he estate
would have gone 90 hry ccond daush-
ter. Non y. D. Andres o. the estate
r. worth 100000. Mrs Andres iu'I
hcriianco IS ip the ucighhorhood of
275. 00O.
Woman loves "a lear. rosy ccm-