In re the Estate of Smith

This is an appeal by tbe executor from a decree settling tbe executor’s third account and directing him to *463 pay a certain family allowance. Tbe decedent died testate October 17, 1892, having named Leon Sloss executor. Sloss qualified as executor November 16, 1892.

The testator leit a vineyard in Fresno county of one hundred ' and twenty-five acres. The vines were four years old. The executor toot possession and during the ensuing year—1893— expended in pruning, plowing, cultivating, and irrigating it $4858.84.

During the year 1894 he expended for the same purposes $757.91, and in connection with the sale of raisins from the vineyard, for drayage, etc., $483.17. In his account for that year he charged the estate $242 for interest on moneys advanced by him.

In the year 1895 he expended for like purposes the sum of $168.50, making a total, including the charges for interest, ⅞6,268.07.

May 31, 1894, an allowance was made to the widow of deceased of $150 per month from the death of decedent. At that time t-he executor had already expended $6,059.27 in caring for the vineyard.

In January, 1896, the widow caused the executor to be cited to show cause why he should not pay out…