In family provision applications where the estate is small and the principal asset is the matrimonial home, the widow's claim to proper maintenance is paramount and an order requiring sale of the home will not be made unless there is sufficient in the estate to provide adequately for the widow's proper maintenance and yet leave some amount for the applicant. The court must use the statutory test of 'proper maintenance, education and advancement in life' and not substitute the word 'appropriate'. The contribution of a wife who gives up paid employment to care for her husband is a very relevant circumstance that must be acknowledged.
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