Estate of Deceased Person—Family Allowance—Executrix May Appeal from Order Granting.—An executrix is technically a party aggrieved by an order granting a family allowance, and as such has a right to maintain an appeal therefrom.

Id.—Application for Allowance for Minor Children—Appointment of Guardian ad Litem.—An application to obtain a family allowance for minor children from the estate of a deceased person is a “proceeding” in a “case,” within the meaning of section 372 of the Code of Civil Procedure, authorizing the appointment of a guardian ad litem in any case, where it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to represent the infant in the action or proceeding.

Id.—Order for Allowance—Any Person may Petition for—Court may Grant without Petition..—An application for such an allowance may be made on the petition of any person on behalf of the children, or an order therefor may be made by the court of its own motion, without a petition from any person. Consequently, on the hearing of such application, it is immaterial whether a guardian ad litem was appointed or not, and proof of such order was useless and harmless.

Id.—Exempt Property and Homestead Need not Be Set Aside.—It is not essential to the validity of a family allowance that the exempt property and a homestead should have been set apart for the use of the family.

Id.—Cross-Examination of Mother of Children—Questions Designed to Show Mother’s Poverty.—On an application for a family allowance for minor children, instituted by their mother as their guardian ad litem, after she had testified that the children were in her custody and that twenty dollars a month for each child would be a reasonable sum for their support, it is not proper cross-examination to question the mother for the purpose of showing her poverty. Such questions are immaterial from the standpoint of one endeavoring to reduce the allowance.

Id.—Unjustifiable Appeal by Executrix—-Damages for Frivolous Appeal.—Where an estate of a deceased person is of the net value of $11,500, and was given by the testator’s will to his two minor children, the executrix is not justified in appealing from an order awarding a family allowance of twenty dollars a month to each child. Such an order will be affirmed on appeal, with damages against the executrix personally, and no allowance should be made to her, or to her attorney, out of the estate, for services of expenses in connection with the appeal.