In re Lux

The superior court made an order settling certain accounts rendered by the executors of the estate of Charles Lux, deceased, to which accounts exceptions had theretofore been filed by certain devisees named in the will of the deceased. This appeal is taken by said devisees, and is from so much of the order as fails to charge the executors interest upon money which the court found was improperly paid by them to the widow as a family allowance, and in so far as it fails to require a full accounting of the partnership affairs of the firm of Miller & Lux, of which firm the deceased was a member at the time of his death.

The transcript on appeal as amended contains the accounts of the executors and reports accompanying them, the objections or exceptions to the accounts, the findings of the court thereon, and the judgment or order settling the accounts. There is no bill of exceptions in the record, but the papers just referred to are certified by the clerk of the court from which the appeal is taken, to be copies of the originals on file in the matter of the estate of Charles Lux, deceased.

The respondents have made a preliminary motion to dismiss the appeal upon the ground that the…

The order of May 13, 1892, directing the executors to pay to the widow an allowance of one thousand dollars per month for her support, during the period named therein, has been reversed; and there is

*617 nothing said in the opinion filed in this case which can be properly construed as a direction to the superior court in settling the accounts of the executors to only credit them on account of the payments made by them for the support of the widow with the amount named in the reversed order. In settling the accounts the court will credit the executors with such sum as it finds was reasonably and properly advanced by them for the purpose named. In declaring this general principle, the court in its opinion simply explained how the account should have been stated upon the findings appearing in the record of the case; but as these findings fell with the order reversed the court will necessarily make new findings, and upon them will state the account in accordance with the general rule announced in the opinion. If the court shall upon the new hearing find one thousand dollars per month or any greater or less amount a reasonable sum to be applied for the support of the widow, then the…