2. Nor are the sword and sword-belt which an officer of the United States' navy wore, in accordance with the regulations of the navy department, to be regarded as a part of his wearing apparel, within the meaning of the above statute; REDFIELD, CH. J., dissenting. But his epaulets are. Ib.

WIDOW.

1. The statutory provision for the maintenance of the widow of a deceased person during the settlement of his estate, has a general application; and the probate court have a discretion only as to the amount of the allowance, and cannot refuse it altogether where the widow has other abundant means of maintenance. Heirs of Sawyer v. Sawyer, 245.

2. A widow is entitled to an allowance for such maintenance, though there be no children

lb.

3. The statute does not require such allowance to be made in advance of the expenditure. Ib.

4. The amount of the allowance is a matter resting in the discretion of the probate court, or of the county court upon an appeal; and is not ordinarily subject to revision upon exceptions, in the supreme court. lb.

5. The widow of a person who left no issue is, if his real estate exceeds $1.000, entitled to that sum, and to one half of the residue forever; and she takes this by descent. She is also entitled to one half of the personal property which is left for distribution. Sawyer v. Heirs of Sawyer, 249.

6. To entitle her to this distribution, it is not necessary that she should avail herself of the provisions of §6 of chapter 54 of the Compiled Statutes; nor is her right, in this respect, affected by the first provision in §1 of chapter 50 of the Comp. Stat., when she claims no assignment under it. lb.

See WEARING APPAREL.

WILL.

1. If a testator, in a codicil to his will, make a disposition of a portion of his property, which is inconsistent with the disposition which he had previously made of it, in the original will, it will operate pro tanto as a revocation of the original provision. Exr. of Larrabee v. Larrabee, 274.

2. Application of this principle, &c. lb.

3. A bequest to C. L., in case he outlived L. L., to whom the use of it, during her life, had previously been given, of "such part of the personal estate as may then remain," which was made in a codicil, construed as conveying all the personal estate that remained after the decease of L. L., without regard to the disposition which had been made of it in the original will; and as not limited to such personal property as remained otherwise undisposed of by the original will. lb.

WITNESS.

2. The witness law of 1852 (Laws of 1852, p. 11,) contemplated the examination of a party as a witness only in open court, and did not authorize the using of his deposition. Admr. of Sheldon v. Griswold, 376. (But see Laws of 1855, p. 12.)

3. A party is not obliged, as a witness, to disclose any consultation he may have had with his counsel in relation to the cause. He is equally protected, with his counsel, from testifying respecting confidential communications between them. Hemenway v. Smith et als., 701.