In re estate of Lux

Good Law
100 Cal. 593·1893 Cal. LEXIS 839·35 P. 341
Supreme Court of CaliforniaDecember 30, 1893No. 15346California3,430 words

Opinion

lead Opinion

Haven, J.

This is an appeal by Miranda W. Lux, widow of Charles Lux, deceased, from an order of the superior court made May 13 and filed May 17, 1892, allowing her the sum of one thousand dollars per month, as an allowance for her support, from August 30, 1888, to November 16, 1891.

Charles Lux died testate in March, 1887, leaving an estate of the value of four million dollars or more, of which ninety per cent was the partnership interest of the deceased in the firm of Miller & Lux. The indebtedness of the estate appears to be about four thousand, dollars. Under the partnership agreement, as well also as by the terms of the will, the surviving partner was given seven years after the death of the other within which to settle the business of Miller & Lux.

The order appealed from is the second order for family allowance. The first was made May 4, 1887, prior to the return of the inventory of the estate, and allowed the widow two thousand five hundred dollars per month from the date of the decedent’s death “ until said inventory is returned, or until the further order of this court”; and it appears that this allowance was actually received by her up to the 16th of November, 1891, the date…

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