In re Estate of Lux

This is an appeal by the next of kin of Charles Lux, deceased, from an order settling certain *90 accounts of the executors of the will of said deceased. The only items to which objections are pressed are certain disbursements of two thousand five hundred dollars per month to the widow of said deceased as allowance for her maintenance. A decision was made and an opinion rendered this day in another appeal (Estate of Lux, S. F. No. 137, ante, p. 73) taken by these same appellants from an order making an allowance of two thousand five hundred dollars per month for maintenance of said widow, by which said order was affirmed; and this present appeal has been presented by appellants mainly upon the theory that the records in the two appeals are substantially the same. If that be so, then the order therein appealed from must be affirmed upon the authority of the decision in said appeal No. 137.

However, the two records are not the same. In the appeal No. 137 the main objections urged against the correctness of the allowance were that it appeared that the court did not consider certain moneys received by the widow from certain property of the deceased; but in the present appeal the…