- Petitioner
- Intestate Estate of Samuel William Allen. Moore & Sons Mercantile Co.
- Respondent
- Carmen Wagner
- Citation
- G.R. No. 25842
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Villamor, J.
- Decided
- March 18, 1927
Summary
This case involves the intestate estate of Samuel William Allen where his widow Carmen Wagner sought a P80 monthly allowance during estate settlement. The Supreme Court reversed the lower court's grant of the allowance, ruling that such support under Civil Code Article 1430 constitutes an advance payment against the surviving spouse's eventual share in the estate. Since the estate was insolvent (liabilities of P2,457.99 versus assets of P870.97) and the widow had contributed no property to the marriage, there would be no estate share from which to deduct the allowance. The decision clarifies that spousal support during estate administration requires an existing legal basis in the form of anticipated inheritance rights, distinguishing it from general support obligations between family members.