Estate of McSwain

This is an appeal by Susie McSwain, as the administratrix of the estate of Walter S. McSwain, and also as the widow and heir at law of said deceased, from an order made by the superior court in the course of administration of said estate, directing the payment by said administratrix out of the funds of said estate of the sum of $125 each month for the maintenance, education, and support of Annie I. McSwain, during her minority or until the said administration was closed.

Walter S. McSwain died intestate on December 6, 1915, leaving surviving as his only heirs at law his widow, Susie McSwain, and his daughter, Annie I. McSwain, then above the age of sixteen years. Prior to his death he and his wife and daughter were living together as a family in his home in Fresno. On January 5, 1916, Susie McSwain duly qualified and has ever since been acting as the administratrix of said estate. The property of the estate has been appraised at the value of over thirty-nine thousand dollars. On February 28, 1916, the court duly made an order setting apart to Susie McSwain, as surviving wife of said deceased, the personal property exempt from execution, and directing a family allowance to her in…