Estate of DONALD P. WALLACE, Deceased; BARBARA S. WALLACE, Petitioner and Respondent, v. MICHAEL H. WALLACE, as Executor, etc., Objector and Appellant

Holding

The court held that affidavits or declarations are not competent evidence in a contested probate proceeding for a family allowance, that the length of a marriage is irrelevant to a surviving spouse’s right to such an allowance, and that the trial court did not abuse its broad discretion in granting the award.