The opinion
Settle, J.
When a widow files a petition for a year’s provisions, under the statute, and dies before any allotment is made, the administrator has no right to revive the petition, but it is abated.
Cox,
v.
Brown,
5 Ire. 194.
Before such allotment, she has no inter est transmissible to her administrator.
Kimball v. Deming,
5 Ire. 418.
What amounts to an allotm ent ?
It is contended here, that the acts of the Commissioners, appointed by the County Court to allot and set apart a year’s support for the petitioner, constituted such an allotment.
We cannot think so.
Their acts were only a part of the proceedings, necessary to obtain a year’s provisions. The petitioner died before the’ report was returned to Court. Upon the return of the report it was open to exception, and might have been set aside. The: allotment is not complete until the report is confirmed by the Court. There is no error.
PER Cubiam. Judgment affirmed.