In Re Rossiter's Estate.

Summary

The court held that a prospective wife cannot waive her statutory right to a widow's allowance through an antenuptial agreement, even when the agreement is fair, reasonable, and otherwise fully performed. Because the allowance serves a public purpose during estate administration, contractual provisions that expressly or impliedly eliminate it are ineffective. The order denying the widow's application was therefore reversed and the matter was remanded for further proceedings consistent with that rule. Riley, J., dissenting, would have enforced the fair and valid antenuptial contract and affirmed the denial of the allowance.