Estate of Freud
Warner Bros. v. Freud
Opinion
Lead Opinion
Appeals from an order of sale of real estate, an order settling annual account of administratrix, and an order for mortgage of real property. The several appeals will be considered in the order stated.
The deceased died seised of two lots of land, described in the petition, which he devised to his widow, Tiny Freud (now administratrix), “to hold the same during her lifetime in trust for (testator’s) five children” (named in the will, and) “upon the death of (the) wife .... to be divided among (his) said children share and share alike.” The will was admitted to probate and letters testamentary issued to Jacob Freud,the executor therein named, March 19, 1883. An order for a family allowance to the widow of two hundred and fifty dollars a month was made December 29,1883. The executor’s final account, showing a balance of two thousand and seventy-eight dollars and sixty-two cents in his favor, was settled May 25, 1888; and thereupon he was discharged, and Mrs. Freud, the widow of deceased, was appointed administratrix with the will annexed. The estate coming into her hands consisted of the two lots above referred to, found to be of the present value, respectively, of six thousand…