In re estate of Lux

This is an appeal by the executors of the estate of Charles Lux, deceased, from an order settling the first and second accounts filed by them in the course of the administration of the estate.

Many of the questions arising upon this appeal were involved in the Estate of Lux, No. 15346, ante, p. 593, recently decided by this court, and were passed upon in the opinion in that case. It was there held that the family.allowance fixed by the order of May 4, 1887, terminated upon the return of the inventory of the estate, and that the finding of the superior court that such inventory was returned on August 30, 1888, was sustained by the evidence. As these questions were there presented upon substantially the same record as the one before us, the decision in that case is decisive of the same matters presented on this appeal.

The only question requiring discussion at this time relates to the refusal of the court to allow the executors any credit whatever for the sum of ninety-seven thousand five hundred dollars, paid by them to the widow as a family allowance, between August 30, 1888, and November 16, 1891. At the time this money was paid ¡here was no order of the court authorizing the…